are used to verify that a RON transaction has
A notary embossing seal is a tool used by
notaries to authenticate a signature and apply
their unique notary credentials. An
embossing seal typically uses a metal
crimping device that applies a round,
permanent imprint to the document.
Though each state has its seal requirements,
the imprint will generally include
information such as:
 Name of notary
 The words “Notary Public”
 The date the notary’s commission expires
 The state seal
The downside to using a notary embossing
seal is that the imprint the seal makes, while
permanent, is not necessarily easy to see and
does not copy well. For this reason,
embossed seals are also frequently darkened
with ink or used alongside an inked stamp in
case document copies need to be made.
Notary embossing stamps are considered a
more “traditional” method of notarizing
documents since you need to meet with a
notary in person to receive a notarized
embossed seal. While notary embossing
seals are trusted and even give a document
an elevated “official” feeling, they can be
limiting for several reasons.
A notary seal is an impression that is made on a
notarize document by the notary public, which
ensures the document has been legally notarized and
is valid. A notary seal contains information unique to
each notary, including:
1. The notary’s full nameTraditional seals or
stamps are created with an embosser or inked
rubber stamp and applied in person to the
document that is being notarized.
2.
3. Digital notary stamps serve the same purpose
as traditional stamps but are applied
electronically to a document using an online
notarization platform. Digital notary stamps
been completed per state requirements and
are legally enforceable.
4.
5. Digital notary stamps provide greater security
to your notarized document by tracking every
change made to the document, preventing
tampering and fraud. Digital stamps also use
complex algorithms to ensure the document’s
authenticity, the signer’s identity, and the
validity of information contained within the
document.
6.
7. Rather than requiring you to schedule a time
and place to meet up with a notary to receive
a stamp, Remote Online Notarization (RON)
has made it easier to create, edit, eSign, and
notarize documents, making it easy to apply a
legally binding digital notary stamp.
8. The state the notary is commissioned to act
within
9. The notary’s commission expiration date.
Notary seals are usually applied as an inked or
embossed stamp directly to the notarized document.
What is a Notary Stamp?
Notary stamps are inked rubber stamps that are used
to notarize a document and provide the notary
public’s credentials for authentication.
Notary stamps can come in various colors, shapes,
and sizes, usually round or rectangular. Each state has
its own requirements for what must be included in a
notary stamp. These stamps typically contain the
same information as a notary embossing seal.
Similar to notary embossing seals, notary stamps are
accepted as a traditional form of notarization across
the country. However, they provide limited flexibility
or protection against fraud and mistakes. As more
states work towards enacting RON law, it has become
increasingly easy to access fast, secure, and affordable
notarization services exactly when you need them.
Notary seal vs. notary stamp
If you are wondering the difference between a notary
seal and a notary stamp, the simple answer is that
there is not much difference between the two.
Notary stamps are simple to use, and their
impressions are clear on document copies, while
notary embossing seal embossers have a more official
appearance.
Both a stamp and a seal are two different ways of
applying a notarization seal to ensure a document is
accepted as legally binding.
Different states and jurisdictions may have different
requirements regarding whether a stamp or seal is
required, what types of documents require them, and
in what configuration. I. Introduction
Definition of a Notary Seal
Importance of Notary Seals
A notary seal is a tool used by notaries public to
authenticate legal documents and perform notarial
acts. It typically consists of a metal stamp or embosser
that produces an impression on paper or other
materials, along with text that includes the notary's
name, commission number, and expiration date.
Definition of a Notary Stamp:
Notary seals are important because they provide an
added layer of security and verification for legal
documents. By affixing a seal to a document, a notary
is indicating that they have verified the identity of the
signer and witnessed their signature. This helps
prevent fraud and tampering and provides assurance
to those relying on the document that it is authentic.
Importance of Notary Stamps:
Notary seals are required by law in many jurisdictions
and are often a prerequisite for performing notarial
acts. The design and use of notary seals can vary
depending on the jurisdiction and the type of seal
being used. In this article, we will explore the different
types of notary seals, their legal requirements, their
uses, and how they provide authentication. We will
also discuss the components of notary seals, design
and customization options, maintenance tips, and the
future of notary seals in a digital age.
II. History of Notary Seals and Stamps
Origins of Notary Seals
Development of Notary Seals
Changes in Notary Seals over time
Notary seals have a rich history that dates back to
ancient times. Here's an overview:
Origins of Notary Stamps:
Notaries have been present in society since ancient
Rome, where they served as public officials
responsible for legal affairs. The first notaries used
wax seals to authenticate their documents, and these
seals often included images of the notary's patron
saint or symbol of their trade.
Development of Notary Stamps:
Over time, notary seals evolved to include more
detailed information, such as the notary's name,
signature, and official stamp. The development of
printing technology in the 15th century led to the
production of more standardized notary seals, which
became increasingly common in legal transactions.
Changes in Notary Stamps over time:
With the rise of digital technology, notary seals have
undergone significant changes. Electronic notarization
has become more prevalent, and many states now
allow notaries to use electronic seals that are stored
and affixed to documents electronically. These digital
seals are often more secure and tamper-proof than
traditional wax seals.
Overall, notary seals have a long and fascinating
history that has seen them evolve from simple wax
seals to sophisticated digital seals. Despite these
changes, the purpose of notary seals has remained
the same: to authenticate legal documents and
ensure their enforceability.
III. Purpose and Uses of Notary Seals
Uses of Notary Seals
How Notary Seals provide authentication
Notary seals serve multiple purposes and have several
uses in legal transactions. Here's an overview:
Uses of Notary Stamps:
Notary seals are used to certify the validity of legal
documents, including contracts, deeds, wills, and
powers of attorney. They also play a vital role in
verifying the identity of the signer and ensuring that
they signed the document of their own free will.
Notary seals are often required for documents that
need to be recorded or filed with a government
agency, such as property transfers or marriage
licenses.
How Notary Stamps provide authentication:
Notary seals provide authentication by creating a
permanent record of the notary's actions. When a
notary affixes their seal to a document, they are
certifying that they witnessed the signing of the
document and that the signer was properly identified.
Notary seals also provide a way to verify the
authenticity of the notarized document, as they can
be used to track the document's chain of custody and
ensure that it has not been altered.
Overall, notary seals serve an important purpose in
legal transactions by providing authentication,
verifying identity, and certifying the validity of legal
documents. They are required by law in many cases,
and failure to comply with legal requirements can
result in legal repercussions.
IV. Types of Notary Seals
Embossed Notary Seals
Inked Notary Seals
Electronic Notary Seals
There are three main types of notary seals: embossed,
inked, and electronic. Each type of seal has its own
advantages and disadvantages, and the type of seal
used will often depend on the specific requirements
of the jurisdiction where the notary is licensed to
practice.
Embossed Notary Stamps: An embossed notary seal is
created by pressing a metal die onto the paper,
creating a raised impression of the seal. Embossed
seals are typically used for notarizations where the
document is being sent to another country or where
the jurisdiction requires an embossed seal. Embossed
seals are difficult to forge and provide a clear and
distinct impression on the paper.
Inked Notary Stamps: An inked notary seal is created
by stamping the notary seal onto the paper using an
ink pad. Inked seals are typically less expensive and
easier to produce than embossed seals. They are
commonly used for notarizations where the
document will be filed or kept in the United States.
Digital Notary Stamps: An electronic notary seal is a
digital image of the notary seal that is embedded into
an electronic document using special software.
Electronic notary seals are becoming more popular
due to the increased use of electronic documents and
the ability to notarize documents remotely. Electronic
seals typically include security features to prevent
tampering or forgery.
It is important to note that the type of notary seal
used may be governed by state or local laws, and
notaries should be aware of these requirements when
selecting a seal. Additionally, notaries may be
required to keep a record of their seal and report any
lost or stolen seals to the appropriate authorities.
V. Components of Notary Seals
Elements of a Notary Seal
Design and customization options
The components of a notary seal can vary depending
on the jurisdiction and the type of seal being used.
However, most notary seals include several key
elements:
Elements of a Notary Stamp:
The Notary's Name: The notary's name is typically
included in the center of the seal. This serves to
identify the notary who performed the notarization.
The Notary's Commission Number: The notary's
commission number is typically included on the seal.
This number identifies the notary and verifies that
they are authorized to perform notarial acts.
The Notary's Expiration Date: The notary's expiration
date is typically included on the seal. This indicates
when the notary's commission expires and the seal
will no longer be valid.
The Notary's Jurisdiction: The notary's jurisdiction
may be included on the seal. This indicates the state
or other governing body that has granted the notary's
commission.
Design and customization options for notary seals can
also vary depending on the jurisdiction and the type
of seal being used. Some common design options
include:
Design and customization:
Seal Shape: Notary seals can come in various shapes,
such as circular, oval, or rectangular.
Border: Notary seals may have a border around the
edge of the seal.
Background: Notary seals may have a plain
background or may include decorative elements, such
as a state seal or other symbols.
Font: The font used for the notary's name and
commission number may be customizable.
Seal Material: Notary seals can be made of different
materials, such as metal or plastic.
It is important to note that notary seals should be
designed in accordance with local laws and
regulations. Notaries should be aware of any specific
requirements for their jurisdiction and ensure that
their seal complies with these requirements.
VI. Notary Seal Requirements
State-specific requirements
Guidelines for creating a Notary Seal
What information to include on a Notary Seal
State-Specific Requirements:
Each state may have different requirements for notary
seals, such as the size, shape, color, and information
that must be included. Some states may also require
that notaries use a specific type of seal or stamp. It is
important for notaries to research and understand
their state's requirements to ensure that their seals
comply with the law.
Guidelines for Creating a Notary Seal:
When creating a notary seal, notaries should ensure
that the seal is legible, clear, and professional-looking.
Some general guidelines for creating a notary seal
include:
Use a high-quality seal or stamp that is designed for
notary use.
Choose a size that is appropriate for the documents
being notarized and complies with state
requirements.
Choose a color that is legible and contrasts with the
background of the document.
Include all required information on the seal, such as
the notary's name, commission expiration date, and
state of commission.
Ensure that the seal is durable and will not smudge or
blur over time.
Some states may also require additional information,
such as the notary's commission number or county of
commission.
It is important for notaries to review their state's
requirements for notary seals and ensure that their
seals comply with all applicable laws and regulations.
VII. Notary Seal Maintenance
How to care for a Notary Seal
When to replace a Notary Seal
Legal implications of damaged or expired Notary Seals
Proper maintenance of a notary seal is important to
ensure its validity and effectiveness. Here are some
tips for caring for a notary seal:
Store the seal in a secure location: When not in use,
the notary seal should be stored in a secure location,
such as a locked cabinet or drawer, to prevent it from
being lost or stolen.
Keep the seal clean: The notary seal should be kept
clean to ensure that it produces a clear impression on
documents. The seal can be wiped with a clean, dry
cloth to remove any dirt or debris.
Protect the seal from damage: The notary seal should
be protected from damage, such as scratches or
dents, which could impact the clarity of the
impression it produces.
Check the expiration date: Notaries should check the
expiration date of their seal regularly to ensure that it
is still valid. If the seal has expired, it should be
replaced immediately.
Replace the seal as needed: Notary seals may need to
be replaced periodically due to wear and tear or
changes in the notary's information, such as a name
change or commission renewal.
In addition to these maintenance tips, notaries should
be aware of the legal implications of using a damaged
or expired notary seal. Notaries who use a damaged
or expired seal may be subject to fines or other
penalties, and the notarization may be considered
invalid. It is important for notaries to ensure that their
seal is in good condition and up-to-date in order to
avoid any legal issues.
In most cases, both a notary stamp and a notary seal
serve the same purpose and can both be accepted.
While some states or jurisdictions may have specific
requirements on which type of notary seal is applied,
they serve the same purpose and contain the same
information.
Whether or not your notary applies a stamp or a seal
may also be a matter of personal preference for them
as well, depending on what equipment they have
available to them
Notary seal stamp or seal embosser is your most-
used tool. The Notary seal is the impression of the
Notary Public inked stamp or crimping embosser. It is
used to authenticate the Notary's signature and make
the notarial act official.
How long is notary valid?
Does a notarized document ever expire? The
notarization of any document does not expire itself.
This means there is no such rule that states that a
specific notary stamp expires and will not be
acceptable after a certain date.
What is the purpose of notary seal?
The Notary seal is the impression of the
Notary Public inked stamp or crimping
embosser. It is used to authenticate the
Notary's signature and make the notarial act
official. The imprint of the Notary seal
contains the Notary Public's commission
information
However, for many documents, such as birth
certificates and marriage certificates, an official seal is
necessary to certify the document and give it legal
weight. Company seals tend to state its name, date,
and state of incorporation.
What is the official seal of a document?
The seal is used to execute a legal document or
guarantee the document's authenticity. A seal is
unique to a sealer and is used by government
agencies, What is a Revocation of Power of
Attorney?
Revocation of Power of Attorney is a legal document
confirming that a principal (the signatory of the Power
of Attorney) cancels the powers to act on their behalf
granted to their Attorney-in-Fact (the person named
and appointed as agent in the document ).
How to Revoke a Power of Attorney
To revoke the Power of Attorney, you’ll first need to
fill out a Revocation of Power of Attorney form. Your
form will identify the following essential elements:
 Former Agent: name of the person previously
allowed to act on the Principal’s behalf
  Principal: name of the person previously
wanting assistance with business or legal
matters
 Effective Date: when the Revocation begins,
usually immediately
 Signatures: the Principal and Notary must
sign the form
Once you and the notary sign this legal document, the
former Agent no longer has the authority to act on
your behalf. Be sure to notify other individuals or
institutions who have the POA on record of this
change.
Reasons to Revoke a Power of Attorney
You may need to cancel or withdraw power given to a
previous Agent for many reasons. You may need to
revoke a POA if:
 You become divorced or widowed
 You return from being deployed overseas as
military personnel
 Your Agent is not acting in good faith or
breaching their fiduciary duties
 You are no longer traveling abroad and can
manage your affairs
 You complete your extensive travels abroad
and have returned home
 You had a bad experience with your current
Agent and no longer trust them
Remember that a Medical Power of Attorney allows
you to name someone to make health decisions if you
are incapacitated.
corporations and notaries public to show that the
document is validly executed, acknowledged or
witnessed.
A notarial certificate is a written statement or
document that bears the notary's signature and
notary seal and affirms the facts or information being
attested to.
A Revocation of Power of Attorney form allows you to
change your mind about who you want to act on your
behalf for personal, healthcare, business, or legal
matters. As the name suggests, you can revoke or
cancel the power and authority previously granted to
this person, known as your “Agent”.
Just as a Principal can create a Power of Attorney
(POA), a Principal can also revoke that power.
A simple Revocation of POA should generally identify
the following:
 Who was the previous Agent with the POA
 When the POA should be effectively revoked,
usually immediately
What Happens if You Don’t Revoke Your Power of
Attorney?
If you do not cancel your previous Agent’s POA, the
wrong person may have the legal authority to act on
your behalf in important financial and business
decisions.
By taking the time to create a Revocation of POA, you
can prevent the following suffering:
The lost opportunity cost of…
Designating a more trustworthy individual to handle
your financial matters
Untangling the financial or legal mess caused by an
untrustworthy Agent
Trying to pursue an Agent who has zeroed out your
accounts
Expensive lawyer fees to…
Dispute unauthorized transactions initiated by a
previous Agent
Recover money inappropriately withdrawn from the
Principal’s bank account
Mental anguish from…
Experiencing a breach of trust by an Agent who
abused their power
Losing control over the proper conduct of your
business
Being scammed by a bad Agent, losing your home, or
being embezzled of life savings
REVOCATION OF SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, I, ANNE KURTIS, of legal age, Filipino,
single and a resident of 1122 Antipolo Street,
Valenzuela, Makati City, by a certain public instrument
made and executed in Makati City on June 28, 2013
before Notary Public BONG NABARO of Makati City
and registered as Document No. 1; Page No. 2, Book
No. 3; Series of 2013 in his notarial register, did name,
constitute and appoint BAYS GANDA, a resident of
3344 Antipolo Street, Valenzuela, Makati City as my
true and lawful ATTORNEY-IN-FACT, for the purpose
and with powers mentioned in said instrument;
WHEREAS, the said public instrument or Power of
Attorney, was never registered with the Register of
Deeds for the Province of Bataan;
NOW, THEREFORE, I, ANNE KURTIS, by virtue of
these presents hereby REVOKE, ANNUL and VOID the
said power of attorney and all powers and authority
therein or thereby given or granted or intended to be
given or granted to said BAYS GANDA;
FURTHER, I, ANNE KURTIS, hereby revoke all
Special Powers of Attorney that I may have executed
before the date of this Deed with respect to my
property registered under Transfer Certificate of Title
No. 123456 of the Register of Deeds for the City of
Makati.
ANNE KURTIS
Principal
Signed in the presence of:
_____________________________
______________________________
[Witness 1]
[Witness 2]
(ACKNOWLEDGMENT)
Special power of attorney allows you to assign a third
party to make decisions on your behalf. A person can
easily create and sign the form if one is
knowledgeable on its format, requirements and its
legality. Read more: https://kami.com.ph/107031-
special-power-attorney-meaning-sample-template-
get.html
It is a legal paper that authorizes a third-party to
handle your affairs when you have health issues
or other commitments. However, the agent’s
power is limited to specific tasks; collecting debt,
selling property, among other duties. Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
Have the document ready An internet search for a
special power of attorney sample yields a lot of
different formats. Settle for a style that fits what
you want and is presentable. Decide what powers
one should grant the agent during the preparation
Read more: https://kami.com.ph/107031-special-
power-attorney-meaning-sample-template-
get.html
The name and address of the principal. The ID,
physical address, and agent's details. A reason to
get the SPA. Date and the place where one will
sign that form. The principal's signature. The
principal’s name, identification number, and the
ID expiry date. Print the copies and once the form
is filled, for the principal, representative, and
notary public Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
Notarized documents You should have the SPA
form notarized to make it legal and official. Once
the documents are notarized, record them
formally since it is a requirement in most offices
Read more: https://kami.com.ph/107031-special-
power-attorney-meaning-sample-template-
get.html
Sample special power of attorney for authorized
representative Philippines If you are wondering
how a SPA looks, see the sample below: Special
power of attorney I, (principal's name), do hereby
name, constitute, and appoint (name of agent), of
legal age, married, Filipino and a resident of
(address of AIF,) to be my true and lawful
attorney. The said person shall perform the
following tasks: (a) To administer, manage,
oversee, sell, convey, mortgage and/or encumber
my house and lot located at
___________________________________;
Read more: https://kami.com.ph/107031-special-
power-attorney-meaning-sample-template-
get.html

b) To sign, seal, execute and deliver any
document or instrument necessary in carrying out
into effect the power and authority granted; I
hereby giving the authority to my attorney to
perform any and all the tasks in case I am unable
to perform those tasks. I, therefore, ratify and
confirm all that my said attorney shall lawfully
perform the tasks. Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
The power of the attorney is effective upon
execution and can be revoked anytime by me and
automatically revoked upon my death. IN
WITNESS WHEREOF, I have hereunto affixed
my signature this _____ day of March, 2020, at
_________________, Philippines.
__________________________________
(Principal) SIGNED IN THE PRESENCE OF:
____________________________
_____________________________ (1st witness)
(2nd witness) Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
ACKNOWLEDGEMENT REPUBLIC OF THE
PHILIPPINES ) City of (put your city) ) S.S.
BEFORE ME, on, personally appeared (name of
principal), with Identification No. ___________
issued on ________________ at
_____________________________, and
acknowledged under oath to me under penalty of
law, that the whole contents therein are true and
that the same is their free and voluntary act and
deed. Read more: https://kami.com.ph/107031-
special-power-attorney-meaning-sample-
template-get.html
WITNESS MY HAND AND NOTARIAL SEAL.
Notary Public Doc. No: ___________ Page No.
___________ Book No. ___________ Series of
_________ Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
Uses of SPA document A power of attorney is required
when: Special power of attorney for bir transactions.
Manage cash, bank accounts, and deposit boxes. Get
into contracts. Handle claims. Receive a birth or
marriage certificate from PSA. Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
Methods of executing a SPA when abroad If you
are not within the country, an individual can still
assign someone in their country to carry out some
tasks. That is made possible using consularized
SPA document. Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
A consularized SPA is used when appointing an
agent in the Philippines when one is not in the
country. The duties of this agent are limited, with
this type of SPA since the person cannot sell the
assets. Consularized SPA requirements If you
want to execute consularized SPA, have the
following documents: A copy of the front and back
page of the Philippine passport. A valid Philippine
ID if you do not have a valid Philippine’s passport.
Two witnesses and their IDs. How to get
consularized SPA Speak to your relatives in the
Philippines, have them sign the SPA. After the
document is notarized, your family members
should send it to you. Go to the embassy with
your two witnesses. Present the form, sign, then
pay the fe Read
more: https://kami.com.ph/107031-special-power-
attorney-meaning-sample-template-get.html
Special power of attorney business matters
People should have a SPA form when running a
business. The document is important because the
business owner or manager can appoint an agent
to manage the firm's affairs in their absentia.
Deed of absolute sale with special power of
attorney It is a legal document necessary when
transferring real estate properties from one owner
to the next. If people want to claim the property
left behind after the death of the legal owner, they
need an extrajudicial settlement of estate with
special power of attorney. This document shows
how property will be divided among the inheritors.
Read more: https://kami.com.ph/107031-special-
power-attorney-meaning-sample-template-
get.html
The entry into force of the Apostille Convention in the
Philippines is on 14 May 2019.
In lieu of Authentication certificates, the Government
of the Philippines will start issuing Apostilles on
Philippine documents that need to be presented
abroad.
Since Australia is also a signatory to the Apostille
Convention, all Philippine documents intended for
Australia with an affixed Apostille shall no longer be
authenticated by the Australian Embassy. In the same
manner, all Australian documents intended for the
Philippines with an Apostille affixed shall no longer be
authenticated by the Philippine Embassy or
Consulates in Australia.
LEGALIZATION OF DOCUMENTS
Documents that will be used in the Philippines that
are executed, signed, or issued in Australia
must either bear a consular notarization from the
Philippine Embassy/Consulates or an Apostille
Certificate from the Australian Department of Foreign
Affairs and Trade (DFAT) in order for the documents
to have legal effect in the Philippines.
I. PHILIPPINE EMBASSY/CONSULATE
NOTARIZATION / CONSULARIZATION /
ACKNOWLEDGEMENT of a Private Document
(affidavits, special powers of attorney, deeds, sworn
statements, etc.)
Documents that need to be executed and signed in
the presence of a consular official may be
notarized/consularized by the Philippine
Embassy/Consulate. The notarized document will
have a covering page, ACKNOWLEDGEMENT or JURAT,
and Embassy seal.
Please note that Australian public documents, or
documents issued by Australian government agencies,
for use in the Philippines do not need to be legalized
at the Philippine Embassies/Consulates anymore.
They need to be submitted to the Australian
Department of Foreign Affairs and Trade (DFAT) to be
“apostillized” by DFAT, it can be sent to the
Philippines directly.
Requirements for notarization at the Philippine
Embassy in Canberra:
1. PERSONAL APPEARANCE OF THE SIGNATORY
OR SIGNATORIES IS A REQUIREMENT FOR
NOTARIZATION.
2. Original and photocopy of the document/s to
be acknowledged.
3. Original and photocopy of valid identification
with photograph and signature of the holder
(e.g. passport, driver’s license or any other
government-issued identification card). The
identification must bear the name that
appears on the document to be
acknowledged.
4. A non-refundable fee of A$45.00 per
document to be paid in cash or card (with
1.5% surcharge) or postal money order made
payable to the “Philippine Embassy”.
LEGALIZATION OF DOCUMENTS THROUGH
APOSTILLE
A. Private Documents such as affidavits, special
powers of attorney, deeds, sworn statements, etc., for
use in the Philippines that cannot be executed and
signed in the presence of a consular official
Procedure:
1. The original document should be notarized by
an Australian Notary Public.
After the document has been “Apostillized” by the
DFAT, it can be sent to the Philippines directly. There
is no need for the document/s to be authenticated
by the Philippine Embassy or Consulates. This
equates to less processing time and less cost.
2. Once the document has been “Apostillized”
by DFAT, it can be sent to the Philippines
directly. There is no need for the document/s
to be authenticated by the Philippine
Embassy or Consulates. This equates to less
processing time and less cost.
3.
To use a document from the Philippines in the
Netherlands, you must have it legalised by the
Philippine Department of Foreign Affairs. This is
done with an apostille. This is a simplified form of
legalisation which allows you to use your documents
in the Netherlands.
The Department of Foreign Affairs (DFA) is the
primary government body that performs
apostillization. The DFA defines an apostille as a
certificate authenticating the origin of an official
document. Apostille is issued by a member of the
Hague Apostille Convention to be used in another
country member of the same organization. The
Convention effectively created a simplified way to
authenticate to use legally worldwide. An apostille
intends to make legal communication between two
country members successful.
The Philippines became a member of the Convention
on May 14, 2019. Thus, instead of a red ribbon
obtained through the process of authentication, an
apostille stamp can now certify the legitimacy of
official documents originating from the country.
The DFA implemented a strictly no walk-in allowed
ruling amid the global health crisis. An appointment
is required for all apostille services. This is where the
role of an apostille service provider in the Philippines
becomes paramount.
What an apostille service provider in the Philippines
can do for you?
An apostille service provider, such as FileDocsPhil,
helps legalize public documents for use outside the
country. Ultimately, we can assist in the attestation
by obtaining the certificate with an apostille stamp.
We can also:
Exert ourselves to understand each client’s
legalization needs
Liaise with the proper government agency or other
legal entities in obtaining the necessary documents
Collate the required prerequisites for each document
the client needs
Ensure the validity of the apostille to meet the legal
requirements of the host country
What are the steps in apostillization?
The steps and entities involved in apostillization are
straightforward, though it will depend on the
country where you will use the apostilled document.
Apostillization versus authentication
Prior to inclusion in the Convention, the
authentication process is generally implemented.
Here are the steps in DFA authentication:
Certification – Obtaining the document(s) to be
certified from the relevant government agency or
entity
Authentication – Taking the certified document(s) to
the DFA for authentication
Legalization – Taking the authenticated document(s)
to the relevant embassy or consulate for legalization
The apostillization process discards the final step to
include only the first two steps. Here are the steps in
DFA apostillization:
Certification – Obtaining the document(s) to be
certified from the relevant government agency or
entity
Authentication – Taking the certified document(s) to
the DFA for authentication
Thereby, apostillization is faster than authentication
since the legalization process is no longer needed.
Apostillization in the Philippines versus contracting
and non-contracting parties
As part of due diligence, it is critical that we, at
FileDocsPhil, know where you will use the document
and its intended use. Not all countries or territories
accept an apostilled document (with the stamp and
gold round sticker) – some countries still require the
authenticated document (with the red ribbon). For
the latter, these countries are:
Austria
Finland
Germany
Greece
These countries do not acknowledge that the
apostilled documents are legal and valid. Therefore,
the authentication process is in line. Then, the third
step, which requires taking the legalized
document(s) to the foreign embassy or consulate,
must be performed.
What documents need to be apostilled?
Legalizing is required for the following public
documents:
Civil status certificates (birth, death, marriage/no
marriage, annulment)
Education documents (diplomas, transcript of
records (TOR), school reports)
Notarial documents (authorizations, Special Power
of Attorney (SPA), declarations, last will)
Other business documents (business registration, by-
laws, certificate of incorporation, articles of
incorporation, commercial agreements, export
certificate, commercial invoices)
Professional documents and licenses (issued by the
Professional Regulations Commission (PRC) and Civil
Aviation Authority (CAAP)
Court documents (Judicial decisions, resolutions,
orders)
Background check documents (National Bureau of
Investigation (NBI) clearance, police clearance)
Religious documents
Other notarized copies of documents (passport,
driver’s license, certificate of good standing,
certificate of employment, medical certificate, travel
consent)
What are the requirements for getting document(s)
apostilled?
In the Philippines, the apostille service provider will
ask you to provide or accomplish the following:
 Authentication form
 Original and photocopy of a valid ID
 A digitized government-issued ID with
signature
 The following IDs are accepted
 Passport
 Voter’s ID
 Solo parent ID
 Senior citizen ID
 PWD ID
 Alumni or student ID
  Seaman’s book
If using an authorized representative, you will
additionally need:
 Authorization letter
 Photocopy of the applicant’s ID
 Original SPA (specifically from the parent or
legal guardian of a minor applicant)
The representative always needs to bring the letter,
ID, and SPA, especially when transacting with the
DFA.
the operations of both houses and must be passed in
the same form by both of them. However, they are
not referred to the President for his signature, and
they do not have the force of law. Concurrent
resolutions are used to fix the time of adjournment
of a Congress and to express the “sense of Congress”
on an issue.
4. Simple Resolutions
It is usually designated with P. S. Res. A simple
resolution deals with matters entirely within the
prerogative of one house of Congress, such as
adopting or receiving its own rules. A simple
resolution is not considered by the other chamber
and is not sent to the President for his signature. Like
a concurrent resolution, it has no effect and force of
a law. Simple resolutions are used occasionally to
express the opinion of a single house on a current
issue. Oftentimes, it is also used to call for a
congressional action on an issue affecting national
interest.

Types of Legislation
The type of measures that Congress may consider
and act upon (in addition to treaties in the Senate)
include bills and three kinds of resolutions. They are:
February 4,
2014
1. Bills
These are general measures, which if passed upon,
may become laws. A bill is prefixed with S., followed

REMMAN
by a number assigned the measure based on the
order in which it is introduced. The vast majority of
legislative proposals––recommendations dealing
with the economy, increasing penalties for certain
crimes, regulation on commerce and trade, etc., are
drafted in the form of bills. They also include
ENTERPRISES,
budgetary appropriation of the government and
many others. When passed by both chambers in
identical form and signed by the President or
INC. and
repassed by Congress over a presidential veto, they
become laws.
2. Joint Resolutions
CHAMBER OF
A joint resolution, like a bill, requires the approval of
both houses and the signature of the President. It REAL ESTATE
has the force and effect of a law if approved. There is
no real difference between a bill and a joint
resolution. The latter generally is used when dealing
AND
BUILDERS'AS
with a single item or issue, such as a continuing or
emergency appropriations bill. Joint resolutions are
also used for proposing amendments to the
Constitution.
3. Concurrent Resolutions
A concurrent resolution is usually designated in the
Senate as S. Ct. Res. It is used for matters affecting
SOCIATION, known as the
Petitioners, "Real Estate
vs. Service Act of
PROFESSIONA the Philippines"
L was signed into
REGULATOR law by President
Y BOARD Gloria
OF REAL Macapagal-
ESTATE Arroyo. The
SERVICE and purpose is to
PROFESSIONA professionalize
L the real estate
REGULATION service sector
COMMISSION, under a
Respondents. regulatory
FACTS: scheme of
R.A. No. 9646, licensing,
otherwise registration and
supervision of passed by
real estate Congress shall
service embrace only
practitioners in one subject
the country. which shall be
According to expressed in the
petitioners, the title thereof.
new law is After a
constitutionally summary
infirm because it hearing, the trial
violates Article court denied the
VI, prayer for
Section 26 of issuance of a
the 1987 writ of
Philippine preliminary
Constitution injunction.
which mandates ISSUE:
that every bill
 Section 26 of the 1987 Philippine Constitution which

1.Whether or mandates that every bill passed by Congress shall

embrace only one subject which shall be expressed

not R.A. No.

in the title thereof.
After a summary hearing, the trial court denied the
prayer for issuance of a writ of preliminary

9646 is
injunction.
ISSUE:
1.Whether or not R.A. No. 9646 is unconstitutional

unconstitutional for violating the “one title-one subject" rule under

Article VI, Section 26 of the Philippine Constitution.
Whether Sections 28(a), 29, and 32 of [R.A. No. 9646]

for violating the are unconstitutional for violating substantive due

process.

“one title-one RULING:

No, R.A. No. 9646 is valid and constitutional.
R.A. No. 9646 does not violate the one-title, one-

subject" rule subject rule. The Court laid down that rule that
constitutional provisions relating to the subject
matter and titles of statutes should not be so

under Article narrowly

construed as to cripple or impede the power of

VI, Section 26
legislation. The Court has previously ruled that the
one-
subject requirement under the Constitution is

of the Philippine
satisfied if all the parts of the statute are related,
and are
germane to the subject matter expressed in the title,

Constitution. or as long as they are not inconsistent with or

foreign
to the general subject and title. It is also well-settled
February 4, 2014
that the "one title-one subject" rule does not require
REMMAN ENTERPRISES, INC. and CHAMBER OF REAL
the Congress to employ in the title of the enactment
ESTATE AND BUILDERS'ASSOCIATION, Petitioners,
language of such precision as to mirror, fully index or
vs.PROFESSIONAL REGULATORY BOARD OF REAL
catalogue all the contents and the minute details
ESTATE SERVICE and PROFESSIONAL
therein. The rule is sufficiently complied with if the
REGULATION
title is comprehensive enough as to include the
COMMISSION, Respondents.
general object which the statute seeks to effect.
nATURE OF THE CASE: pETITION FOR REVIEW FOR
Indeed, the Court
CERTIORARI 9Rule 45) of a decision of RTC Manila ,
has invariably adopted a liberal rather than
Branch 42
technical construction of the rule "so as not to
FACTS:
cripple or
R.A. No. 9646, otherwise known as the "Real Estate
impede legislation."
Service Act of the Philippines" was signed into
law by President Gloria Macapagal-Arroyo. The
purpose is to professionalize the real estate service
BENJAMIN E. CAWALING, JR., petitioner, vs. THE
sector
COMMISSION ON ELECTIONS, and Rep. Francis
under a regulatory scheme of licensing, registration
Joseph G. Escudero, respondents.GR No. 146319 |
and supervision of real estate service practitioners in
October 26, 2001 | J. Sandoval-Gutierrez (Pretz
the country. According to petitioners, the new law is
constitutionally infirm because it violates Article VI,
)SUMMARY: Congress passed RA 8806 creating
the city of Sorsogon by merging municipalities
ofSorsogon and Bacon. Petitioner Cawaling assailed
this, stating that the LGC recognizes only two
modesof creating a city: 1) by converting a
municipality into a city; or 2) by converting a cluster
of barangays.HELD: The provision cited by the
Petitioner points only to some of the modes of
creating a city. The LGCand the Constitution
recognizes DIVISION and MERGER as modes as well,
provided only that the legalrequirements as
provided in the LGC are met.FACTS: On August 16,
2000, President Estrada signed into law RA 8806, an
"Act Creating The City OfSorsogon By Merging The
Municipalities Of Bacon And Sorsogon In The
Province Of Sorsogon, AndAppropriating Funds
Therefor." One of the provisions in said law include:
SECTION 54. Plebiscite. — TheCity of Sorsogon shall
acquire corporate existence upon the ratification of
its creation by a majority of thevotes cast by the
qualified voters in a plebiscite to be conducted in the
present municipalities of Baconand Sorsogon within
one hundred twenty (120) days from the approval of
this Act.The passage of the law was published in
newspapers from August to SEPTEMBER 1, 2000.A
plesbiscite was conducted in the component
municipalities by the COMELEC on DECEMBER
16,2000. On December 17, 2000, the Plebiscite City
Board of Canvassers (PCBC) proclaimed the creation
ofthe City of Sorsogon as having been ratified
and approved by the majority of the votes cast
in theplebiscite.Subsequently, Petitioner Cawaling
assailed the plebiscite as a nullity AND RA 8806 as
unconstitutional.His argument:NULL AND VOID
PLEBISCITEA. The December 16, 2000 plebiscite was
conducted beyond the required 120-day period from
the approval of R.A. 8806, in violation of Section 54
thereof; andB. Respondent COMELEC failed to
observe the legal requirement of twenty (20) day
extensive information campaign in the Municipalities
of Bacon and Sorsogon before conducting the
plebiscite.UNCONSTITUTIONAL RA 8806A. The
creation of Sorsogon City by merging two
municipalities violates Section 450(a) of the
LocalGovernment Code of 1991 (in relation to
Section 10, Article X of the Constitution) which
requiresthat only "a municipality or a cluster of
barangays may be converted into a component
city";B. There is no compelling reason to create
Sorsogon CityC. R.A. No. 8806 contains two (2)
subjects, namely, the (a) creation of the City of
Sorsogon and the(b) abolition of the Municipalities
of Bacon and Sorsogon, thereby violating the "one
subject-one bill" rule prescribed by Section 26(1),
Article VI of the Constitution.
ISSUES:1. WON RA 8806 is unconstitutional – NO
the same Act, RA 8806, states: SECTION 65.
Effectivity. — This Act shall take effect upon its
publicationin at least two (2) newspapers of
general and local circulation. From said date,
the conduct of theplebiscite was well within the
120 day period. SC agreed with the COMELEC, and
added the ratio byciting Section 10 of the LGC which
provides:"SECTION 10. Plebiscite Requirement. — No
creation, division, merger, abolition, or substantial
alteration of boundariesof local government units
shall take effect unlessapproved by a majority of the
votes cast in a plebiscite called for the purpose in the
political unit or units directly affected.Such plebiscite
shall be conducted by the Commission on Elections
within one hundred twenty (120) days from the
dateof the effectivity of the law or ordinance
affecting such action, unless said law or ordinance
fixes another date…”The court cited the Ruling in
TANADA v ANGARA re. importance of publication
for laws to take effect.The SC said that to give
Section 54 a literal and strict interpretation would in
effect make the Act effectiveeven before its
publication, which scenario is precisely abhorred in
Tañada.AS TO THE LACK OF INFORMATION
CAMPAIGNNo sufficient proof was provided on this
issue. Hence, the SC used the presumption of
regularity in favorof COMELEC.FALLO: WHEREFORE,
the instant petitions are DISMISSED for lack of merit.
Costs against petitioner
NOTES FOR EMERGENCY RECITATION:
"While jurisdiction over legal education belongs
primarily and directly to the political departments,
and that the exercise of such police power must be
in the context of reasonable supervision and
regulation, and must be consistent with academic
freedom and the right to education, the Court finds
certain provisions and clauses of R.A. No. 7662 which
by its plain language and meaning, go beyond legal
education and intrude upon the Court’s exclusive
jurisdiction and should therefore be struck down for RE CUNANAN
being unconstitutional."
- OSCAR B. PIMENTEL, et al., v. LEGAL EDUCATION 94 PHIL. 534
BOARD, G.R. Nos. 230642 and 242954, 10 September
2019. FACTS:
Congress passed Rep. Act No.
972, or what is known as the Bar Flunkers Act, in
1952. The title of the law was, “An Actto Fix the
Passing Marks for Bar Examinations from 1946 up to
and including 1955.”
Section 1 provided the following passing
marks:1946-
1951………………70%

1952 …………………….71
%
1953……………………..72%

1954……………………..73%

1955……………………..74%
Provided however, that the examinee shall have no
grade lower than 50%.
Section 2 of the Act provided that “A bar candidate
who obtained a grade of 75% in any subject shall be
deemed to
have already passed that subject and the
grade/grades shall be included in the computation of
the general average in
subsequent bar examinations.”

ISSUE:
Whether of not, R.A. No. 972 is constitutional.
RULING:
Section 2 was declared unconstitutional due to the
fatal defect of not being embraced in the title of the
Act. As per itstitle, the Act should affect only the bar
flunkers of 1946 to 1955 Bar examinations. Section2
establishes a permanentsystem for an indefinite
time. It was also struck down for allowing partial
passing, thus failing to take account of thefact that
laws and jurisprudence are not stationary. As to
Section1, the portion for 1946-1951 was declared
unconstitutional, while that for 1953 to 1955 was
declared inforce and effect. The portion that was
stricken down was based under the following
reasons:
1. The law itself admits that the candidates for
admission who flunked the bar from 1946 to 1952
had inadequate preparation due to the fact that this
was very close to the end of World War II;
2. The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the said
candidates;
3. The law is an encroachment on the Court’s
primary prerogative to determine who may be
admitted to practice
of law and, therefore, in excess of legislative power
to repeal, alter and supplement the Rules of Court.
Therules laid down by Congress under this power are
only minimum norms, not designed to substitute the
judgment of the court on who can practice law; and
4. The pretended classification is arbitrary and
amounts to class legislation. As to the
portion declared in force and effect, the
Court could not muster enough votes to
declare it void. Moreover,the law was passed
in 1952, to take effect in 1953. Hence, it will
not revoke existing Supreme Court
resolutionsdenying admission to the bar of
an petitioner. The same may also rationally
fall within the power to Congress to
alter,supplement or modify rules of
admission to the practice of law.
Section 2 was declared unconstitutional due to the
fatal defect of not being embraced in the title of the
Act. As per its title, the Act should affect only the bar
flunkers of 1946 to 1955 Bar examinations. Section2
establishes a permanent system for an indefinite
time. It was also struck down for allowing partial
passing, thus failing to take account of the fact that
laws and jurisprudence are not stationary.
As to Section1, the portion for 1946-1951 was
declared unconstitutional, while that for 1953 to
1955 was declared in force and effect. The portion
that was stricken down was based under the
following reasons:
The law itself admits that the candidates for
admission who flunked the bar from 1946 to 1952
had inadequate preparation due to the fact that this
was very close to the end of World War II;
The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the said
candidates;
The law is an encroachment on the Court’s primary
prerogative to determine who may be admitted to
practice of law and, therefore, in excess of legislative
power to repeal, alter and supplement the Rules of
Court. The rules laid down by Congress under this
power are only minimum norms, not designed to
substitute the judgment of the court on who can
practice law; and
The pretended classification is arbitrary and amounts
to class legislation.
As to the portion declared in force and effect, the
Court could not muster enough votes to declare it
void. Moreover, the law was passed in 1952, to take
effect in 1953. Hence, it will not revoke existing
Supreme Court resolutions denying admission to the
bar of an petitioner. The same may also rationally
fall within the power to Congress to alter,
supplement or modify rules of admission to the
practice of law.
ISSUES OF THE CASE:Due to the far reaching effects
that this law would have on the legal profession and
the administration of justice, the
S.C. would seek to know if it is CONSTITUTIONAL
.
−
An adequate
legal preparation
is one of the vital requisites for the practice of the
law that should bedeveloped constantly and
maintained firmly.
−
The Judicial system from which ours has been
derived, the act of admitting, suspending, disbarring,
andreinstating attorneys at law in the practice of the
profession is concededly judicial.
−
The Constitution, has not conferred on Congress and
the S.C. equal responsibilities concerningthe
admission to the practice of law. The primary power
and responsibility which the constitutionrecognizes
continue to reside in this court.
−
Its
retroactivity is invalid
in such a way, that what the law seeks to “cure” are
not the rules set in place bythe S.C. but the lack of
will or the defect in judgment of the court, and this
power is not included in the power granted by the
Const. to Congress,
it lies exclusively w/in the judiciary
.
−
Reasons for
UNCONSTITUTIONALITY:
1. There was a manifest
encroachment on the constitutional responsibility of
the Supreme Court
.2. It is in effect a judgment revoking the resolution
of the court, and only the S.C. may revise or alter
them, inattempting to do so R.A. 972 violated the
Constitution.3. That
congress has exceeded its power to repeal, alter, and
supplement the rules on admission tothe bar
(since the rules made by congress must elevate the
profession, and those rules promulgated
areconsidered the bare minimum.)4.
It is a class legislation
5.
Art. 2 of R.A. 972
is not embraced in the title of the law, contrary to
what the constitution enjoins, andbeing inseparable
from the provisions of art. 1, the entire law is void
jurisprudence-the philosophy of law the study,
knowledge, or science of law.
Jurisprudence--the study of legal philosophies,
theories and perspectives-
---Philosophical interpretation of the nature and
purpose of law.
It is your idea and beliefs about what the purpose of
the law should be.
The scope of jurisprudence is vast and diverse,
covering various topics such as legal logic, legal
frameworks, human behaviour, politics, economics
and culture.
foreign law for a number of reasons. Often,
a court will turn to foreign law in order to
fill gaps in domestic law, especially if
domestic law does not provide satisfactory
answers to a particular legal question.
Moreover, in some cases, judges may
encounter a novel legal question for which
domestic jurisprudence is entirely unfit to
answer. Lastly, principles and opinions
found in foreign judgments can be used to
enhance and sharpen a judge’s legal
reasoning.
However, the use of foreign law is not free from
controversy. One of the most basic criticisms is that
foreign law does not accurately reflect the national
experience and the national legal culture. Other
opponents state that the use of foreign law is simply
an act of “cherry picking” whereby judges choose the
laws that help support their own positions.
Furthermore, the use of foreign law has also been
viewed as one of the tactics of judicial activism.
The kind of application of foreign law described
above is, however, not the real object of the present
discussion, as I understand it. The main question
addressed ten years ago, and that we are revisiting
today, concerns the referential framework within
which judges operate. In other words, the question is
whether the legal rules and social standards of other
states and legal systems are or should become
operational in domestic legal systems through the
agency of judges. More generally, what elements
and standards do judges take into account, or should
they take into account, when interpreting national
law? In that sense, the question is not, for example,
whether an international treaty has legal effects in a
domestic legal order, or whether a legal rule of a
foreign state or, by the same token, of a member
state is relevant to deciding a case, but rather what
criteria should inform judges when they are deciding
such a problem.
What is International Law?
International law is the term given to the rules which
govern relations between states.
Despite the absence of any superior authority to
enforce such rules, international law is considered by
states as binding upon them, and it is this fact which
gives these rules the status of law. So, for example,
where a state wishes to avoid a particular rule, it will
not argue that international law does not exist, but
merely that states have not agreed that such a rule is
to be binding upon them, or that the rule does not
apply to the particular circumstances.
Unlike national or domestic law, international law is
not set down in any legislation approved by a
parliament. Even multilateral treaties do not apply to
all states, but only to those which have consented to
be so bound, by signing and ratifying or acceding to
them. As a result, the precise rules of international
law are often more difficult to identify than national
laws, and may be found in a variety of sources.
Article 38 of the Statute of the International Court of
Justice directs the Court to apply the following
sources of law in deciding disputes:
"(a) international conventions, whether general or declared conclusive
particular, establishing rules expressly recognised by by statute.
contesting states; Conclusive
presumptions may
(b) international custom, as evidence of a general not be controverted.
practice accepted as law; (2) All presumptions,
other than conclusive
(c) the general principles of law recognised by presumptions, are
civilised nations; disputable
presumptions and
(d) … judicial decisions and the teachings of the most may be controverted.
highly qualified publicists of the various nations, as
subsidiary means for the determination of rules of when a couple is married and the wife gives birth,
law.” the presumption that the husband is the child's
father is a conclusive presumption, regardless of how
Processual presumption means much evidence there is to the contrary.

that where a foreign law is not

pleaded or, even if pleaded, is not
proved, the presumption is that
foreign law is the same as ours.

Doctrine of Processual Presumption – The foreign

law, whenever applicable, should be proved by the
proponent thereof, otherwise, such law shall be
presumed to be exactly the same as the law of the
forum.

Under this doctrine, if the foreign law involved is not

properly pleaded and proved, our courts will
presume that the foreign law is the same as our local
or domestic or internal law
𝐃𝐎𝐂𝐓𝐑𝐈𝐍𝐄 𝐎𝐅 𝐏𝐑𝐎𝐂𝐄𝐒𝐒𝐔𝐀𝐋 𝐏𝐑𝐄𝐒𝐔𝐌𝐏𝐓𝐈𝐎𝐍
The Doctrine of Processual Presumption is the
presumption that the law of a foreign country on a
particular matter is the same as our law (𝘊𝘰𝘭𝘭𝘦𝘤𝘵𝘰𝘳
𝘰𝘧 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘭 𝘙𝘦𝘷𝘦𝘯𝘶𝘦 𝘷𝘴. 𝘍𝘪𝘴𝘩𝘦𝘳 110 𝘗𝘩𝘪𝘭 699)
It is the presumption that the foreign law is the same
as the domestic law, where a foreign law is not
properly pleaded or proved (𝘥𝘦 𝘓𝘦𝘰𝘯 𝘷𝘴. 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤
𝘊𝘝 67488 𝘍𝘦𝘣𝘳𝘶𝘢𝘳𝘺 12, 1985)
]

Presumption= holds that the prosecution bears the

burden of proof in a criminal case with the result
that the accused may be acquitted without putting
forward any evidence.
What are the two 2 kinds of presumption?
(1) Conclusive
presumptions are
presumptions that
are specifically
 VAN
Examples: a child born of a husband and wife
WILSEM
G. R. No.
living together is presumed to be the natural child
of the husband unless there is conclusive proof it
is not; a person who has disappeared and not
been heard from for seven years is presumed to
be dead, but the presumption could be rebutted if
he/she is found alive; 193707,
December 10,
Doctrine of Processual Presumption
Whether a foreign national has an obligation to
support his minor child under Philippine law.

The obligation to give support to a child is a matter

that falls under family rights and duties. Since the
respondent is a citizen of Holland or the
2014
Netherlands, we agree with the RTC-Cebu that he is
subject to the laws of his country, not to Philippine
law, as to whether he is obliged to give support to
DOCTRINE:
Territoriality
his child, as well as the consequences of his failure to
do so.

However, in view of respondent’s failure to prove

the national law of the Netherlands in his favor, the
doctrine of processual presumption shall govern. of Criminal
Under this doctrine, if the foreign law involved is not
properly pleaded and proved, our courts will
presume that the foreign law is the same as our local
Laws
FACTS:
or domestic or internal law. Thus, since the law of
the Netherlands as regards the obligation to support
has not been properly pleaded and proved in the
instant case, it is presumed to be the same with
Philippine law, which enforces the obligation of
parents to support their children and penalizing the
non-compliance therewith.
Petitioner Del
SC: Petition is granted. Socorro and
respondent
Reference: Del Socorro vs Wilsem, GR 193707 (2014)

DEL Van Wilsem

SOCORRO v.
contracted , their
marriage in marriage
Holland bond ended
on 1990 and on 1995 by
on 1994, they virtue of a
were blessed Divorce
with a son, Decree issued
who at the by the
time of the appropriate
filing of Court of
the instant Holland.
petition was Thereafter,
16 years of petitioner and
age. her son came
Unfortunately
home to the her son in the
Philippines. Philippines,
According to respondent
petitioner, never gave
respondent support their
made a son.
promise to Not long
provide thereafter,
monthly respondent
support to came to the
their son. Philippines
However, and remarried
since the in Cebu, and
arrival of since then,
petitioner and have been
residing demanding
thereat. To for
date, all the support from
parties, respondent.
including However,
their son, respondent
are presently refused to
living in Cebu receive the
City. letter.
On August Because of
28, 2009, the
petitioner, foregoing
through her circumstances
counsel, sent , petitioner
a letter filed a
complaint respondent
against contends that
respondent being a
for violation national of the
of Section 5, Netherlands,
paragraph he
E(2) of R.A. is governed
No. 9262 by such laws
(VAWC) on the matter
for the latter’s of provision
unjust refusal of and
to support his capacity to
minor child. support, that
On the other under such
hand, laws, he is not
obliged to support his
support his minor child.
son. RULING:
ISSUE: YES. In view
Whether or of
not a foreign respondent’s
national can failure to
be held prove the
criminally national law
liable under of the
R.A. No. Netherlands
9262 for his in his favor,
unjustified the doctrine
failure to of processual
presumption
shall govern. domestic or
Under this internal
doctrine, if law. Thus,
the foreign since the law
law involved of the
is not Netherlands
properly as regards the
pleaded and obligation to
proved, our support has
courts not been
will presume properly
that the pleaded and
foreign law is proved in the
the same as instant case, it
our local or
is presumed Assuming
to be the arguendo that
same with the foreign
Philippine law is
law, which properly
enforces the pleaded and
obligation of proved, when
parents to the
support their foreign law,
children and judgment or
penalizing the contract is
non- contrary to a
compliance sound and
therewith. established
public
policy of the Court finds
forum, the strength in
said foreign petitioner’s
law, judgment claim that
or order shall the
not be Territoriality
applied. Principle in
In addition, criminal law,
considering in relation to
that Article 14 of
respondent is the New Civil
currently Code, applies
living in the to the instant
Philippines, DEL SOCORRO v. VAN WILSEMG. R. No. 193707,
December 10, 2014DOCTRINE:Territoriality of
Criminal LawsFACTS:Petitioner Del Socorro and

the respondent Van Wilsem contracted marriage in

Hollandon 1990 and on 1994, they were blessed with
a son, who at the time of the filing ofthe instant
petition was 16 years of age. Unfortunately, their
marriage bond endedon 1995 by virtue of a Divorce
Decree issued by the appropriate Court of
Holland.Thereafter, petitioner and her son came
home to the Philippines.According to petitioner,
respondent made a promise to provide monthly
support totheir son. However, since the arrival of
petitioner and her son in the Philippines,respondent
never gave support their son.Not long thereafter,
respondent came to the Philippines and remarried in
Cebu, andsince then, have been residing thereat. To
date, all the parties, including their son,are presently
living in Cebu City.On August 28, 2009, petitioner,
through her counsel, sent a letter demanding
forsupport from respondent. However,
respondent refused to receive the
letter.Because of the foregoing circumstances,
petitioner filed a complaint againstrespondent
for violation of Section 5, paragraph E(2) of R.A. No.
9262 (VAWC)for the latter’s unjust refusal to support
his minor child.On the other hand, respondent
contends that being a national of the Netherlands,
heis governed by such laws on the matter of
provision of and capacity to support, thatunder such
laws, he is not obliged to support his son.
ISSUE: Whether or not a foreign national can be held
criminally liable under R.A. No.9262 for his
unjustified failure to support his minor child
whether or not a foreign national has an obligation
to support his minor child under
.RULING:YES. In view of respondent’s failure to prove
the national law of the Netherlandsin his favor, the
doctrine of processual presumption shall govern.
Under thisdoctrine, if the foreign law involved is not
properly pleaded and proved, our courtswill
presume that the foreign law is the same as our local
or domestic or internallaw. Thus, since the law of the
Netherlands as regards the obligation to support
hasnot been properly pleaded and proved in the
instant case, it is presumed to be thesame with
Philippine law, which enforces the obligation of
parents to support theirchildren and penalizing the
non-compliance therewith.Assuming arguendo that
the foreign law is properly pleaded and proved,
when theforeign law, judgment or contract is
contrary to a sound and established publicpolicy of
the forum, the said foreign law, judgment or order
shall not be applied.In addition, considering that
respondent is currently living in the Philippines,
theCourt finds strength in petitioner’s claim
that the Territoriality Principle incriminal law, in
relation to Article 14 of the New Civil Code, applies
to the instant case, which provides that: "penal laws
and those of public security and safetyshall be
obligatory upon all who live and sojourn in
Philippine territory,subject to the principle of public
international law and to treaty stipulations."On this
score, it is indisputable that the alleged continuing
acts of respondent inrefusing to support his child
with petitioner is committed here in the Philippines
asall of the parties herein are residents of the
Province of Cebu City. As such, ourcourts have
territorial jurisdiction over the offense charged
against respondent. It islikewise irrefutable that
jurisdiction over the respondent was acquired upon
hisarrest
CRIME CHARGED: Violation of section 5 Paragraph
E(2) RA 9262 VAWC.
RTC: DISMISSED on the grounds that the facts
charged in the information do not constitute an
offense with respect to the respondent who is an
alien.
So it is not something you are unfamiliar with. Other
thanthat, cases most of them you have already
encountered.Civil Procedure, Persons, and other Civil
Law subjects. Ihave high expectation from you.
Normally nobody fails inthis class. Maybe two years
ago, one or two.What is conflict of laws all about?
When you talk aboutconflict of laws this is not the
same as public internationallaw where we discuss
different foreign laws or foreigntreaties. But when
we talk about this subject, there isalways a foreign
element. When we talk about foreignelement, it
could be a foreign law. But we will not go intothe
substance of the foreign law. Or a foreigner, one of
theparties is a foreigner. The contract is entered in a
foreigncountry. Particular event which is the subject
of the casehappened in a foreign country. That is
why we are going todiscuss the basic topics:1.
Jurisdiction;2.
Choice of law;3.
What are we going to do with the foreign judgment
ifthe foreign judgment is brought in the
Philippines.NATURE, DEFINITION AND SCOPEThe
definition of conflict of laws or private
internationallaw is that part of the municipal law of
the state whichdirects its courts and administrative
agencies whenconfronted with a legal problem
involving a foreignelement whether or not they
should apply a foreign law.This definition is more
related to choice of law. What lawwill apply? This
case has a foreign element, what law willapply? Will
it be the foreign law or our law?So the elements of
the definition.1.
Conflict of laws is a part of the municipal law of
thestate. Meaning what will govern the situation
whenthere is a foreign element? Our laws. We do
not lookother laws.2.
Here, it directs the courts and administrative
agencies.You remember Article 1753 that we
discussedyesterday? The law of the country of
destination willgovern the loss, destruction or
deterioration of thegoods. So it is directed to the
courts, telling the courtswhat law to apply. Let us say
we have a flight fromManila to Russia. Goods are
sent to Russia. Goods arelost. Then a case is filed in
the Philippines. Can our ourts automatically use our
laws on transportation?Under art 1753, the law of
destination. Our courtshave to look the Russian law
on transportation. So it istelling the courts what law
to use.3.
A legal problem involving a foreign element. If there
isno foreign element, then there is no conflict of law
tospeak of.4.
Application or non-application of a foreign
law.Perhaps our municipal law will tell us that
ourdomestic law will apply or the foreign law will
apply.So this is what we talked about in the
beginning, the scopeand function of the subject, the
determination of whichcountry has jurisdiction. The
determination in theapplicable case of either the
local or the foreign law andthe determination of the
force, validity and effectivenessof the foreign
judgment. These are the main topics.Let us
distinguish. Private international law from
publicinternational law
PrivateInternational Law- Municipal inCharacte
Involves PrivateIndividuals orPersons, Natural
orJuridical
Betwween Persons
When you want to file an action you go to court
Public InternationalLaw
nternational incharacter
Involves SovereignStates and otherEntities
possessedwith internationalpersonality
Interest only to States
You do not go to courts
So when we talk about the issue in China, the refusal
toapologize. Is that an issue involving public or
privateinternational law? Those comfort women.
There is a casebefore the SC involving comfort
women asking forremuneration for the suffering
they experienced duringthe Japanese occupation.
Japan refused to acknowledge. Isthat private or
public? Both mentioned are under
publicinternational law
SOURCES OF CONFLICT OF LAWS:
1.
Civil Code;2.
Code of Commerce;3.
Special laws- Foreign Investment Act,
CorporationCode, General Banking Act, Intellectual
Property Code.COGSA is a US Law. Warsaw
Convention is a treaty.4.
Multinational treaties and international
conventionssuch as Warsaw Convention and Geneva
Convention,bilateral treaties;5.
Law of Nations- lex rei sitae or lex situs, or
formalitiesof contracts as where the contract is
executed;6.
Jurisprudence- local or foreign;7.
Constitution
So jurisdiction in international law is the right of the
stateto exercise authority over persons within its
boundaries.So we are not talking about jurisdiction
of the RTC, MTC.But jurisdiction of the state. Where
do you file? What statehas jurisdiction? Remember
Warsaw Convention underarticle 28? In any action
involving internationaltransportation, there are 4
places where we can file theaction- the place of the
domicile of the carrier, the placewhere the contract
was entered into, the principal place ofbusiness, the
place of destination
So we are talking about the state. Not the court
which has jurisdiction.So the state does not assume
jurisdiction overambassadors, diplomats, or other
states under publicinternational law
So we have to distinguish between judicial
jurisdictionwhich is the authority of the state to take
hold of any judicial matters it seems fit by making its
courts andagencies assume jurisdiction over cases
before them.Legislative jurisdiction which is the
power of the state toexercise control through rules
on law, interest of person,thing, event or situation
So insofar as we are concerned in conflict of laws we
lookat three types of jurisdiction. Let us go to an
example John,an American, married Maria, a
Filipina. After 3 months,she discovered that John is
homosexual, left thePhilippines after such discovery.
Maria filed an action forannulment and damages
with the RTC here in thePhilippines. Since John was
already out of the country,summon by publication
was made. You know that underRule 15 section 15
under extraterritorial service ofsummons
Now 1stquestion, is summon by publication
allowed? Yesbecause it is action in rem and further
involves thepersonal status of the plaintiff. That is
jurisdiction over theperson. When is jurisdiction
acquired? Upon properservice of summons. So if it is
summon by publication, jurisdiction is acquired over
the person of the foreigndefendan
Does the RTC have the jurisdiction to annul the
marriage?Yes. Because it has jurisdiction over the
res, the annulmentitself.Does the RTC have
jurisdiction to award damages? No.even if the
marriage has been annulled because an awardfor
damages is a judgment in personam
What if John has property in the Philippines, can the
court
satisfy John’s liability for damages of such property?
No.
John never incurred personal liability therefore
hisproperties cannot be held liable unless the court
haspreviously acquired jurisdiction over such
property byattachment or any other proceeding in
rem
Now with respect to the subject matter, does the
RTC has jurisdiction over the subject matter of the
case filed byMaria against John? Yes. This is an
action for thedeclaration of nullity of marriage or
annulment. RTC has jurisdiction over annulment. RTC
has jurisdiction over thesubject matter.Jurisdiction
over the person is proper service of
summons.Jurisdiction over the res by proper
attachment of propertyhere in the Philippines
Jurisdiction over the subject matter is the authority
of thecourt to hear and determine cases of a general
class towhich the proceedings in question belong. It
is conferredby law. It is the law itself which tells us
what are thesubject matter to which the particular
court has jurisdiction. Cannot conferred by consent
of the parties orvoluntary submission. So in relation
to that we have thecase of Saudi Arabian Airlines. In
this case, this womanMilagros Morada worked as a
flight attendant for Saudia.In April 1990, during lay-
over in Jakarta, Milagros went todisco with Thamer
and Allah. When they were in the hote
In relation to conflict of laws, a state has the power
toexercise judicial jurisdiction over an individual on
one ormore of the following base
Proper service of summons if he is here. If the
foreigndefendant is here. That is presence;2.
Domicile. If he is domiciled here. If he is a resident;3.
If he is a national of this country or a citizen. It
couldbe that the plaintiff is a foreigner and the
defendant isa national;4.
Consent. If the person allows the state to acquire
jurisdiction. This is not jurisdiction over the
subjectmatter. This is jurisdiction over the person.
Theconsent of the person is significant.5.
Appearance in the action;6.
Doing business in the state;7.
Act done in the state;8.
Causing an effect to the state by an act
doneelsewhere;9.
Ownership, possession or use of the thing in the
state;10.
Other relationships to the state which made
theexercise of jurisdiction reasonable
What is the difference between an appeal and
application to vary an order?
An application to vary is made to the original court
asking that court to vary its own order or judgment.
An appeal is brought to a higher court (i.e., the Court
of Appeal) asking it to overturn the original court’s
order or judgment
That courts apply the law is tritely true.
When a court applies the law, what exactly is it
applying? This is not a trick question. Courts are said
to ‘apply’ all sorts of things: statutes, rules,
principles, policies, doctrines, other courts’ views,
and more. Is ‘the law’ the name of another item on
this list? That sounds wrong. Or is it by applying
some or any of those items that courts apply the
law? And if it is, can we give a principled criterion for
determining what the list contains?
A second set of questions regards the indirect object
of law-application. Courts do not just apply the law;
they apply it to something. To what, exactly? To
cases? To facts? To the ‘facts of the particular case’
before them, as the common phrase goes? We also
say that a court applies the law in a certain case; and
in deciding a certain case. Are all these the same?
And what precisely is it to apply the law to a case?
Indeed – what is a ‘case’?
Third, there are questions about the content of law-
application. Is ‘applying the law’ the name of a
specific type of act? If so, what are its distinctive
features? If not – what then? There are also things
courts are said to do – decisions they are said to
issue – by applying the law. Are these themselves
acts of law-application?
There is no obvious order in which to address these
issues. Any attempt to deal with the questions in one
set would benefit from our having first tackled those
in the others. Still, we need a strategy, and mine will
be to leave the first set of questions for last. I will
not explicitly discuss the direct object of law-
application before the very end of the paper; and
until then, for convenience, I will focus on the
application of statutory and other written legal
provisions – indisputable instances of law-
application.
What is meant by judicial legislation?
noun. : laws held to be created by the
pronouncements of a judge who departs from a
strict interpretation of a law according to the
manifest intention of the legislature.
No 'judicial
legislation' in
ruling on cases
Legislative department is assigned the power to make
and enact laws.
Judicial legislation is defined as the move of a court
to step in to craft missing parts, to fill in the gaps in
laws, or when it oversteps its discretional boundaries
and goes beyond the law to coin doctrines or
principles which are not previously established.
SC’s need to have its own complex, Aquino
complained about delays in court proceedings and
the high court’s supposed tendency to go beyond its
mandate.
Look back at the controversial issues faced by the
judiciary, like situations when the position of one or
a few justices were puzzling, when the court’s
decision about an important issue suddenly changed
or there is so-called judicial legislation)
Judicial legislation refers to a court’s actions that
involve filling in the gaps of laws or overstepping
boundaries of the judicial branch of government. It
means going beyond the law to create doctrines and
principles not available previously.
Aquino has previously questioned decisions of the
SC, including that of the now defunct Disbursement
Acceleration Program (DAP).
He, at that time, warned of a clash between the
executive and the judiciary because DAP was
declared partly unconstitutional.
“In every en banc session we continue to debate on
whether what we are doing is actually legislation or
maybe it is still within the bounds of what we can
do,” she said.
“It will redound to a question of what the final vote
will be. So it’s an evolving thing but we are mindful
of that need to maintain that line