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While the Administrative Code of the Philippines generally allows any Foreign Service Officer whose appointment is vested in the President of Philippines to administer oaths, the general rule is that notarial services should only be performed by a consular officer (i.e., a Foreign Service Officer with a consular commission).

 

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When an officer in a foreign country other than an officer of the Philippines performs a notarial or other official act on a document for use in the Philippines, the official character of the executing officer should be verified by the diplomatic or consular officer of the Philippines. Once verified, the diplomatic or consular officer of the Philippines shall then issue a certificate of authentication in order to give the service legal force and effect in the Philippines.

 

Applicable Fee

  • JOD 18.750 (USD 25.00) for each document to be authenticated
 

Requirements

 

Procedures

The authentication procedure consists of a so-called chain of authentication as follows:

  1. The applicant must first have the original document and its official English translation notarized or legalized by an authorized notary public or other official authority;
  2. Afterwards, the signature of the notary public or official authority is then authenticated by the Ministry of Foreign Affairs (MFA) of the document's country of origin;
  3. The document in its original and one (1) photocopy included, with the stamp and signature of the MFA authentication official already affixed, may then be presented to the Consular Section of the Embassy;
  4. The requesting party should also present his or her valid passport with two (2) photocopies of the details page for identification purposes;
  5. Upon verification by the Consular Section, the requesting party may then pay the applicable fees to the cashier and get the official receipt;
  6. The signature of the Ministry of Foreign Affairs official is authenticated by the Consular Officer of the Embassy who then issues and signs a certificate of authentication, thus completing the process.

Note: For information on authentication of documents issued in the Philippines for use abroad, please check the DFA website.

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Authenticated document
Authenticated document

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.
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