Apostille and consular legalization of documents in the Philippines

Schmidt & Schmidt covers the full spectrum of legalization services for documents issued in the Philippines.

The Philippines joined the Hague Convention on the Simplified Authentication of Documents on 12 September 2018; the Convention entered into force on 14 May 2019.

The apostille, or the “Hague apostille” is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation). It confirms the authenticity of the signature and the authority of an official who signed the public document.

Documents issued in the Philippines are certified with an apostille in accordance with the Hague Convention of 1961 are recognized in all Member States of the Hague Convention and do not require any other form of certification, such as consular legalization, which considerably reduces the costs and time required for the certification of documents. So far, more than 120 states have joined the Convention.

The apostille is not sufficient for use in the states that are not party to the Hague Convention. In this case, consular legalization applies to a public document.

In addition, Greece, Austria, Germany, and Finland have objected to the Philippines' accession to the Convention. Therefore, a different procedure will need to be followed in order to confirm the authenticity of the documents.

Designated Competent Apostille Authorities in Philippines

In the Philippines, the responsibility for issuing apostille of documents falls under the competence of the Ministry of Foreign Affairs.

The authority will carefully examine the document to verify if the signatures, stamps, or seals align with their own records. If they are confirmed to be authentic, the document will be legalized by affixing an 'apostille' (an officially stamped certificate).

The apostille in the Philippines is a square stamp in Filipino or English with the obligatory heading "Apostille" and a reference to the 1961 Hague Convention in French (Convention de La Haye du 5 octobre 1961). The apostille certificate’s sides will be at least 9 centimeters long.

Types of documents

Specific aspects and document requirements for the apostille in Philippines

Philippines is among the 120 countries that recognize and issue apostilles in accordance with the Hague Convention of 5 October 1961. The apostille serves as a confirmation of the official status of a document.

The apostille process can vary depending on the sender and recipient country, but typically to obtain an apostille for a document in Philippines, you must go through the following steps:

• Obtaining the original document to be apostilled;
• Verification of the signature on the document by the authorized body;
• Issuance of an apostille on a document by an authorized body;
• Submission of the document together with the apostille in the recipient country.

This process can be time-consuming, especially if it includes multiple documents and different countries. To ensure a smooth and accurate apostille process, it is recommended to seek guidance from specialists familiar with the requirements and procedures. Their expertise can help avoid delays and errors in obtaining documents apostille.

Document requirements that might apply:

• The document must be an original or a certified copy issued by the competent authority.
• The document should contain all relevant and accurate information.
• The document must be in the official language of the issuing country or translated into the official language of the country where the apostille is sought.
• The apostille must be affixed by the designated competent authority in accordance with regulations.

The apostille is issued in a uniform format. In Philippines, it has the form of a printed sticker with a handwritten signature of an official, an official seal, and a hologram.

In cases where apostles are not recognized, holders of foreign documents will need to legalize them instead. However, If the country of destination of the document recognizes and issues apostilles, then legalization is unnecessary.

Legalization of Philippines educational documents for use abroad

For educational documents issued in Philippines, such as school reports, university degree certificates, transcripts of records, enrollment certificates, and other school or university certificates, to be recognized and valid abroad, they must undergo an authentication process through legalization.

When it comes to the authentication of diplomas and similar educational documents in Philippines, the applicants will usually need to do so through the Ministry of Foreign Affairs.

Such an approach ensures that educational documents possess the necessary legal authority, allowing them to be recognized and used across various countries. While these are general procedures, the exact requirements may vary, so it is advisable to confirm the specific steps with the relevant authorities.

Recognition of the authenticity of public documents

Documents from countries with which the Philippines has agreements for exemption from legalization are not required to undergo any form of legalization procedures. Some of the agreements include:

• Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
• Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
• Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption
• Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

Consular legalization of Philippines documents for use abroad

Consular legalization is the process of authenticating or certifying a legal document so a foreign country's legal system will recognize it as with full legal effect that is carried out by the diplomatic or consular mission of the country in which the document is to be used.

This procedure is required when the destination country does not recognize or accept the apostille certification. One needs to submit the original document, along with any required copies or supporting materials, to the respective consular office. The consular officials will review the document, verify its authenticity, and affix their seal or stamp to certify its validity.

The consular legalization process may require additional steps like obtaining translations of the document into the language of the destination country or providing additional supporting documentation as requested by the consular office.

It is up to the diplomatic mission to decide about the authentication procedure.
The specific requirements and procedures for consular legalization may vary depending on the regulations of the destination country.

The main differences between an apostille and consular legalization of documents

The common feature between apostille and consular legalization is that they authenticate an official document for presentation to institutions in another country. However, they have many differences.