Navigating the legal requirements for using a Philippine document overseas can be daunting. When a document like an affidavit is intended for use in another country, simply having it notarized is not enough; it must also undergo a process called Authentication, more commonly known as Apostillization.
This guide outlines the step-by-step procedure to ensure your affidavit is legally recognized outside the Philippines.
Phase 1: Notarization
The first step is to transform your private document into a public one. In the Philippines, this is handled by a commissioned Notary Public.
1. Preparation of the Document
Draft your affidavit clearly. It must include the Jurat—the section where the notary certifies that the affiant (you) appeared before them, took an oath, and signed the document.
2. Personal Appearance
You must appear in person before the Notary Public. The notary will verify your identity using a competent piece of evidence (typically a government-issued ID).
- Accepted IDs: Passport, Driver’s License, UMID, PRC ID, etc. Note that a Community Tax Certificate (Cedula) is no longer considered sufficient primary identification for notarization.
3. The Notarial Act
The notary will witness your signature, apply their dry seal, and record the transaction in their Notarial Register. Ensure the notary’s commission is active and that they provide the Document, Page, and Book numbers on the document.
Phase 2: Certification (RTC)
Before the Department of Foreign Affairs (DFA) can apostille your document, they may require a Certification of Authority for a Notarial Act (CANA).
- Where to go: The Office of the Executive Judge at the Regional Trial Court (RTC) that has jurisdiction over the notary public who signed your document.
- What they do: The Clerk of Court verifies that the notary is indeed a commissioned officer in that specific district and that their signature matches the records on file.
Phase 3: The Apostille (DFA)
Since the Philippines joined the Hague Apostille Convention in 2019, the process has been streamlined. If the destination country is also a member of the Convention, you no longer need to visit the foreign embassy for "red ribbon" legalization.
1. Secure an Appointment
Visit the DFA Authentication Appointment System to schedule a slot at a DFA consular office (e.g., ASEANA, SM Megamall, or regional centers).
2. Submission
On your appointment date, bring the following:
- The original notarized affidavit (with the RTC certification if required).
- A photocopy of your valid ID.
- The printed appointment confirmation.
3. Payment and Processing
Pay the authentication fee (standard or expedited).
- Standard: Usually processed within 5 working days.
- Expedited: Usually processed within 24–48 hours.
4. Issuance
The DFA will attach an Apostille Certificate to your affidavit. This certificate features a QR code for digital verification by foreign authorities.
Phase 4: Beyond the Apostille (Non-Hague Countries)
If the country where you will use the affidavit is not a member of the Hague Apostille Convention (e.g., Canada, China, or several Middle Eastern nations), the Apostille is not the final step.
- DFA Authentication: You still get the document authenticated by the DFA.
- Consular Legalization: You must then bring the DFA-authenticated document to the Embassy or Consulate of the destination country in the Philippines for their specific stamp or seal.
Summary Checklist
| Step | Action | Authority |
|---|---|---|
| 1 | Draft and Sign Affidavit | Notary Public |
| 2 | Obtain CANA | Regional Trial Court (Clerk of Court) |
| 3 | Apply for Apostille | Department of Foreign Affairs (DFA) |
| 4 | Consularization | Foreign Embassy (Only for Non-Hague countries) |
Important Tips
- Validity of IDs: Ensure your government ID is not expired.
- SPA Requirements: If you cannot perform these steps yourself, your representative must have a Special Power of Attorney (SPA) and a copy of your ID.
- Multiple Copies: Always have at least two original sets notarized—one for the DFA and one for your personal records.
Would you like me to help you draft the specific language for the "Jurat" or a "Special Power of Attorney" for this process?