Authority of Non-Commissioned BFP Officers to Certify Documents: A Comprehensive Discussion (Philippine Context)

The Bureau of Fire Protection (BFP) is a line bureau under the Department of the Interior and Local Government (DILG), created under Republic Act (R.A.) No. 6975 (the Department of the Interior and Local Government Act of 1990) and further professionalized under R.A. No. 9263 (the BFP and BJMP Professionalization Act of 2004). Within the BFP’s hierarchy, personnel are categorized into two main groups: commissioned officers (with ranks starting from Fire Inspector up to Director) and non-commissioned officers (with ranks from Fire Officer I [FO1] to Senior Fire Officer IV [SFO4]).

When discussing the authority of BFP officers to perform administrative acts—particularly certification of documents—it is crucial to understand the scope of their powers under existing laws, rules, and regulations, as well as internal BFP and DILG issuances. Below is a detailed exploration of the legal framework and practical considerations concerning the authority of non-commissioned BFP officers to certify documents.

1. Legal Framework Governing BFP Personnel

Republic Act No. 6975 (DILG Act of 1990)
- Established the Bureau of Fire Protection (BFP) under the DILG.
- Granted the BFP the mandate to prevent and suppress destructive fires, investigate their causes, enforce the Fire Code, and perform related administrative and operational functions.
- Provided for the rank structure of the BFP, distinguishing commissioned and non-commissioned officers.
Republic Act No. 9263 (BFP and BJMP Professionalization Act of 2004)
- Provided measures for the professionalization, training, and development of personnel in the BFP (and the BJMP).
- Clarified the distinction between commissioned officers (Fire Inspector and above) and non-commissioned officers (Fire Officer I to Senior Fire Officer IV).
- Included provisions on appointment, promotion, and qualification standards.
Other Relevant Statutes and Issuances
- Republic Act No. 9514 (Revised Fire Code of the Philippines of 2008) sets out fire safety standards, requiring BFP officers to inspect, assess, and issue fire safety compliance documents. Typically, Fire Marshals (commissioned officers) are primarily responsible for issuing and signing such clearances or permits, but specific administrative tasks (e.g., preparing or processing paperwork) may be delegated to competent non-commissioned officers.
- Administrative Code of 1987 (Executive Order No. 292) lays out general provisions on government officers’ functions, including the authority to administer certain oaths or attest to official documents, though agencies often issue internal directives to implement the law.
BFP Internal Guidelines / Memoranda
- The BFP, through the Fire Chief and/or DILG, may issue internal guidelines or circulars specifying which ranks are authorized to sign particular official documents (e.g., inspection certificates, certifications, endorsements). These may clarify whether non-commissioned officers have delegated authority to certify or attest to certain records.

2. Meaning and Scope of “Certifying Documents” in the Government Context

In the context of government service, to “certify a document” generally means to:

Certify the authenticity of a copy: For instance, affixing the phrase “Certified True Copy” on a copy of an official record, attesting it is a faithful reproduction of the original.
Certify facts or information as true and correct: For example, issuing a certificate that states certain data or circumstances (e.g., length of service, participation in training, or compliance with regulations).
Administer oaths, when authorized: Some government officers may administer oaths or swear an affiant to a document (although, in practice, only those with explicit notarial or administering-officer authority can do so).

Key Point: The authority to “certify documents” is separate from the authority to notarize a document. Notarization in the Philippines is strictly reserved to notaries public (i.e., lawyers commissioned as notaries public), unless some specific law grants a public officer ex officio notarial powers (e.g., certain judges, clerks of court, or specialized officers). BFP personnel generally do not hold notarial powers unless they happen to be lawyers commissioned as notaries public in their personal capacity.

3. Who May Certify Documents in the BFP?

3.1. Typical Practice: Commissioned Officers

In many government agencies, the power to sign and certify official documents often rests with personnel who hold supervisory or managerial positions—most often, commissioned officers in the BFP context (Fire Inspectors, Fire Captains, Fire Superintendents, etc.). They commonly sign:

Fire Safety Inspection Certificates (FSIC)
After-Incident Reports
Official Correspondence
Memoranda or Circulars
Certifications of Record (e.g., service records)

3.2. Delegated Authority to Non-Commissioned Officers

While the default practice is that commissioned officers carry out official certifications, there may be delegated authority to non-commissioned officers (e.g., FO3, SFO1, SFO2, etc.) to certify certain routine or administrative documents, provided this delegation is in line with BFP policies or explicit written authority. Examples include:

Internal Record Certifications
Non-commissioned officers with assigned administrative duties (e.g., the designated Records Custodian at a BFP station) may be authorized to certify copies of documents kept under their custody, such as logbooks, fire incident reports, or local station records.
Technical or Operational Certifications
In some cases, if a non-commissioned officer is the recognized subject-matter expert (e.g., a designated investigator with specialized training), they may be allowed to certify the completeness or accuracy of technical data—though final approval or “official” certification might still require the signature of the station or city Fire Marshal (a commissioned officer).
Certificates of Attendance or Participation
For BFP trainings or seminars, an officer-in-charge of the program (who could be a Senior Fire Officer) might be granted authority to sign certificates of attendance, with the counter-signature of a higher-ranking officer or the regional director, depending on internal policy.

Important Note: The scope of delegated authority must be explicitly issued in writing, usually through a Memorandum, Special Order, or Office Order from the relevant Fire Marshal, Regional Director, or the Chief, BFP. Without such delegation, a non-commissioned officer’s signature on certain certifications might be considered unauthorized or invalid for official use.

4. Limitations on Non-Commissioned Officers’ Authority

No Inherent Authority to Notarize
Non-commissioned officers have no inherent notarial authority. Documents requiring notarization still have to be brought to a duly commissioned notary public.
Requirement of Higher-Level Approval
Major certifications (e.g., official BFP certifications that affect legal rights, official investigations, or compliance statuses) usually need the station commander (often a Fire Marshal, typically a commissioned officer) or someone higher in the chain of command to validate.
Internal Policies May Vary
Not all stations or regional offices apply the same delegation rules. In practice, the authority to certify is localized and depends on internal memoranda or the direction of the Fire Marshal or Regional Director.
Civil Service and Administrative Regulations
Even where delegation exists, personnel must comply with Civil Service Commission (CSC) rules on the proper form of certification, record-keeping, and accountability. Unauthorized or incorrect certification can lead to administrative or even criminal liability for falsification under the Revised Penal Code.

5. Practical Implications

Efficiency in Service Delivery
Allowing senior non-commissioned officers to certify routine documents (e.g., copies of station logbooks, minor clearances for local procedures) can reduce administrative backlogs. It spares higher-ranking officers from basic clerical tasks and expedites service to the public.
Accountability and Chain of Custody
The official custodian of records—often a non-commissioned officer—must ensure the integrity of documents. When entrusted with the authority to certify copies, that officer is personally accountable for the correctness of those documents.
Need for Clear Written Authority
Non-commissioned officers should always secure a written delegation order (e.g., a Station Memo) that specifies:
- The types of documents they can certify;
- The limitations of their authority;
- The period or conditions under which the authority is effective.
Legal Validity and Public Acceptance
For external agencies (courts, other government agencies, private entities) to honor a BFP-issued certificate, the signatory’s authority must be apparent. This is typically shown by referencing the delegation memorandum or by the signatory’s official position title (e.g., “SFO3 Juan Dela Cruz, Administrative Section Chief, BFP Station X, per Office Order No. _, s. 20”).

6. Illustrative Examples

Fire Incident Report Copy: A local BFP station’s Records Custodian (SFO2) may be authorized to issue a “Certified True Copy” of a fire incident report that took place in the station’s jurisdiction, provided the original is in his or her custody and there is a written office order allowing such certification.
Certificate of Fire Clearance: Typically requires the signature of the Municipal or City Fire Marshal (a commissioned officer), but the drafting or preliminary certification of details may be done by a non-commissioned officer in the Fire Safety Enforcement Section. The final document is usually still signed by the Fire Marshal.
Service Record for BFP Personnel: The BFP Human Resource Management Office (HRMO) may delegate an SFO in charge of HR matters to certify an officer’s service record. However, high-level service records or those with retirement or promotion implications are often countersigned by a commissioned officer or HRMO head.

7. Consequences of Unauthorised Certification

Non-commissioned officers who certify documents without proper authority may be subjected to:

Administrative Charges: For violating internal BFP or CSC rules.
Criminal Liability: In cases of falsification or forgery under the Revised Penal Code.
Disciplinary Action: Within the BFP chain of command, which could include reprimand, suspension, or dismissal depending on the gravity of the infraction.

Hence, it is imperative that non-commissioned personnel act strictly within the bounds of valid, written delegation.

8. Best Practices for Non-Commissioned BFP Officers

Always Check Written Orders
Before certifying any document, verify that your Special Order, Office Order, or Memorandum covers that type of certification. If unclear, consult your superior.
Maintain Proper Record-Keeping
Keep a log or register of all documents certified. Indicate the reference number, date of certification, and nature of the document.
Use the Correct Certification Format
Government offices typically have standard “certified true copy” stamps or wording. Follow the format and affix your name, rank, designation, and signature.
Avoid Overstepping Authority
Certify only copies of documents within your official custody and recognized expertise. Leave complex or policy-significant certifications to the appropriate commissioned officers.
Observe Legal and Ethical Standards
Any misuse or misrepresentation can invite legal scrutiny. Be mindful that each certified document might be used in legal proceedings or official transactions.

9. Conclusion

The authority of non-commissioned BFP officers to certify documents in the Philippines is shaped by a combination of laws (particularly R.A. 6975, R.A. 9263), internal BFP/DILG directives, and administrative regulations issued by the Civil Service Commission. While commissioned officers typically hold the broadest certifying and approval powers, non-commissioned officers may be delegated specific certifying functions, especially where it concerns routine or localized documents in their direct custody.

Ultimately, written delegations or authorizations are key to ensuring that a non-commissioned officer’s certification has legal validity. Non-commissioned officers must be vigilant in exercising this authority: they should certify only within the limits set by official orders, adhere to prescribed formats, and remain aware of the legal and administrative repercussions of unauthorized or erroneous certifications. Through adherence to established procedures, the BFP ensures both efficient administration and the integrity of official documents—one of the core elements in fulfilling the Bureau’s mandate of public service and fire safety in the Philippines.