Authentication and Notarials
When you need to have a legal document issued in a foreign country recognized as legitimate and having effect in the Philippines, that document must first go through the process of authentication and legalization. Since the Philippines and Jordan are not parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, both governments continue to use the two-stage authentication and legalization process. Thus, any documents issued in one country and to be used in the other country must (1) be authenticated by the Department or Ministry of Foreign Affairs of the country where the document is issued and (2) legalized by the Embassy or Consulate of the country where the document will be used.
The notarial function, on the other hand, requires the Consular Officer of the Embassy to perform or assist in:
- the administration of all oaths and affirmations provided for by law and in all matters incident to the notarial office;
- the execution of affidavits, depositions, and other documents requiring an oath;
- the receipt of proof and acknowledgement of all writings relating to commerce and navigation (e.g. bills of sale, bottomries, mortgages, hypothecations of ships, vessels, or boats, letters of attorney, deeds, transfers, and assignments);
- acting as magistrate in the writing of affidavits or depositions and making declarations and certifying to the truth thereof.
The authentication and notarial functions both refer to the process of providing legal effect in the Philippines to documents executed abroad. The principal distinction is in the manner by which the document is executed.
- A Certificate of Authentication is issued if the document was previously signed by an authorized official with the official seal affixed, or notarized by a licensed notary public, and such acts were verified and validated by the relevant office of the Ministry of Foreign Affairs; while
Notarization by Acknowledgement, Jurat, or Certification is done if the person who signed the document does so in the presence of the
Consular Officer, then the document will instead be notarized.