Take note that an apostille is not applicable for public documents to and from countries that are not signatories to the Apostille convention.
You have probably heard of having a document red-ribboned at the Department of Foreign Affairs. Now there is a new term called “Apostille” which is a way to legalize or authenticate a document.
Here is a detailed explanation about the process:
I. INTRODUCTION
A. What is an Apostille?
An Apostille is a certificate that authenticates (meaning to show that it is true and genuine) the origin of a public document. It is a certificate issued pursuant to the Apostille convention which the Philippines has become a part of. It is issued by a country that is a party to the Apostille Convention to be used in another country which is also a party to the Convention.
B. What is the purpose of the Apostille Convention?
The purpose of the Convention is to abolish the traditional requirement of legalisation, replacing the often long and costly legalisation process with the issuance of a single Apostille certificate by a Competent Authority in the place where the document originates
C. When did the Philippines become party to the Apostille Convention?
The Philippines became party to the Apostille Convention on May 14, 2019. Prior to this, the authentication of a public document is through the use of an Authentication Certificate (“red ribbon”). After this date, authentication is now through the use of an Apostille.
By May 14, 2019, Philippine Embassies/Consulates shall no longer authenticate documents originating from Apostille countries. Such documents will still need the Apostille from the host government but not the authentication by the Philippine Embassy/Consulate.
D. What is the general effect of the Philippines having become part of the Apostille Convention?
For public documents issued abroad and to be used in the Philippines: If a foreign country has affixed an apostille, that document no longer needs to be authenticated by Philippine consular officers in order to be used or to be received in evidence in the Philippines.
For public documents issued in the Philippines and to be used abroad: After authentication ( Apostillised) by the Department of Foreign Affairs – Office of Consular Affairs (DFA-OCA), as Competent Authority, there is no more need for authentication (legalization) by the Foreign Embassies or Consulates except for countries that have not acceded to the Convention and countries that objected to the Philippine accession.
In summary, just as Philippine documents for use in Apostille countries will no longer need to pass through another authentication by the foreign embassies in Manila after they have been Apostillised by the DFA-OCA, foreign documents from Apostille countries will only need Apostillisation by the host government for them to be validly used in the Philippines or in another Apostille country
E. To which documents does the Apostille convention apply?
The Philippine Apostille will apply to the same types of documents that are subject to authentication by the DFA prior to the effectiveness of the Apostille Convention in the Philippines.
F. Can I still have my document (special power of attorney or affidavit) acknowledged or legalized by the Philippine embassy/consulate?
Yes, you can still have it acknowledged and notarized in Philippine embassy or consulate. They continue to provide acknowledgement and jurat services to walk-in applicants regardless of whether the origin of the document is an Apostille country or not.
G. What is the cost of an Apostille?
Payment for the DFA-OCA’s Authentication Service is: Php100.00 for Regular Processing (i.e., released after four working days) and Php200.00 for Expedited Processing (to be released the following business day).
H. Where to avail of the Apostille?
The Apostille is available in all Authenticating Units of the DFA: DFA-Aseana; DFA NCR-Northeast (Ali Mall); DFA NCR-East (SM Megamall); DFA NCR-West (SM Manila); DFA NCR-South (Metro Gaisano Alabang); DFA San Fernando, Pampanga; DFA Davao (SM Davao) and DFA Cebu (Pacific Mall-Metro Mandaue).
II. DIFFERENCE BETWEEN APOSTILLE AND AUTHENTICATION CERTIFICATE
A. What is the benefit of an Apostille as compared to an Authentication certificate?
The Apostille streamlines the whole authentication procedure of documents for use abroad resulting in more convenience, less cost and processing time for the applicants.
B. What is the procedure for obtaining an authentication certificate for Philippine documents to be used abroad?
The applicant would need to do the following:
CERTIFICATION: Documents are certified by the relevant government agency or office
AUTHENTICATION: Certified documents are authenticated by the DFA
LEGALIZATION: Authenticated documents are legalized by the Embassy of the country of destination.
C. What is the procedure for obtaining an Apostille for Philippine documents to be used abroad?
The applicant would need to do the following:
CERTIFICATION: Documents are certified by the relevant government agency or office
APOSTILLE: Certified documents are then Apostilled by the DFA
III. EFFECTS OF AN APOSTILLE (Include here are updated Civil Procedure rules)
A. What is the effect of an Apostille?
An Apostille only 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 done. An Apostille does not certify the content of the public document to which it relates.
B. Where may an Apostille be used?
An Apostille may never be used for the recognition of a document in the country where that document was issued — Apostilles are strictly for use of public documents abroad. Thus, DFA-OCA will not issue an Apostille for documents that will be used in the Philippines.
C. May a document with an Apostille be used in evidence in court?
Yes, as documents with an Apostille are now considered public documents under the 2020 Rules of Evidence. Under Rule 132, Section 19, “Documents that are considered public documents under treaties and conventions [this refers to the Apostille Convention] which are in force between the Philippines and the country of source;” are considered as public documents.
The proof required for such class of public documents to be admissible in evidence is the “certificate or its equivalent which shall be in the form prescribed by such treaty or convention” which in this case is the apostille attached to the document. (Rule 132, Section 24)
IV. RELATIONSHIP WITH NON-SIGNATORY COUNTRIES
A. In which countries does the Apostille Convention apply?
The Apostille Convention only applies if both the country where the public document was issued and the country where the public document is to be used are parties to the Convention.
Aside from countries that have not yet acceded to the Apostille Convention, the Philippine Apostille will not apply to Austria, Finland, Germany and Greece. Documents from and to such countries will still require legalization by the concerned Embassy or Consulate.
B. What to do if the country where the public document is to be used is not an Apostille country?
If your public document is to be used in a country where the Apostille Convention does not apply, you should contact the Embassy or Consulate of the country where you intend to use the document in order to find out what are your options . This usually means that you need to present your documents to the said country’s Embassy or Consulate in the Philippines for its authentication/legalization. You may also ask the intended recipient of your document whether an Apostille is necessary in your particular case.
V. OTHER MATERIALS
A. Which countries are part of the Apostille convention?
The convention has now over 110 contracting parties.
See link for updated list of countries: https://www.hcch.net/…/ins…/conventions/status-table/…
B. References: https://www.dfa.gov.ph/…/22280-question-and-answer-and…https://www.hcch.net/…/specialised-sections/apostille