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General Topics

General Topics. Philippines’ Authentication Guidelines Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 ( Apostille Convention) Implementation and Operation of Apostille in the Philippines. Authentication Overview. What is Authentication?.

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General Topics

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  1. General Topics • Philippines’ Authentication Guidelines • Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) • Implementation and Operation of Apostille in the Philippines

  2. Authentication Overview

  3. What is Authentication? • Authenticationis the act of establishing or confirming something as genuine or authentic.

  4. Why do we authenticate? • Under the 1963 Vienna Convention on Consular Relations, various kinds of documents sourced from particular sovereign states (e.g. public documents, private documents, and commercial documents) shall have validity or operative effect in another sovereign state's legal jurisdiction only after it is subjected to an agreed upon authentication procedure.

  5. What is DFA Authentication? • DFA Authentication attest to the genuineness of the signatureappearing on the attached certification. • DFA Certification/Authentication does not, per se, authenticatethe validity/efficacy/ enforceability of the basic document itself.

  6. AUTHENTICATION CERTIFICATE

  7. What do we authenticate? Types of Documents Authenticated • Birth/Death/Marriage Certificate; Certificate of No Marriage Record (CENOMAR) • School Records – Diplomas & Transcripts of Records as Certified by CHED, DepEd, TESDA, or University/College Registrar (SUCs)

  8. Types of Documents Authenticated • Air Transportation Office (ATO) issued licenses • Driver’s Licenses • Professional Licenses/ Board Certificates/ Board Ratings/ Certifications • Certificate of Employment/ Trainings/ Seminars and Baptismal Certificate • Other Notarized Documents

  9. Types of Documents Authenticated • Medical / AIDS Free Certificate • Court Decisions/ Resolutions/ Orders Immigration Records • DSWD Clearance • NBI Clearances • Police Clearances • Barangay Clearances • Export Documents • Phytosanitary Certificates • Foreign documents

  10. Devolution of Issuance of Authentication Certificates

  11. Executive Order No. 582 • Prescribes verification of documents prior to authentication; and • Prescribes greater efficiency in providing service to the public. • Directs the streamlining of the process of authenticating documents for use abroad; • Mandates DFA Office of Consular Affairs (OCA) to be the sole agency responsible for authenticating documents; • Effectively abolished the Office of the President’s Authentication Office;

  12. Streamlined Authentication Procedure Issuing Government Agency DFA-OCA Authentication Division

  13. No need for Malacañang Authentication Certificate As early as 02 April 2007, DFA-OCA has been directly authenticating documents coming from the issuing government agency without need for the Malacañang Authentication Certificate.

  14. Simplified Authentication Procedure STEP 1 APPLICANT SUBMITS CLAIM STUB TO RELEASING OFFICER STEP 2 APPLICANT PRESENTS PROPER IDENTIFICATION/AUTHORIZATION TO RELEASING OFFICER STEP 3 APPLICANT IS ADVISED TO PAY THE APPROPRIATE FEE TO THE CASHIER STEP 4 RELEASE OF AUTHENTICATED DOCUMENT AFTER APPLICANT PRESENTS MACHINE VALIDATED RECEIPT AND SUBMITS ITS DUPLICATE COPY

  15. Partner Issuing Gov’t. Agencies • Commission on Higher Education (CHED) • Department of Education (DepEd) • Technical Education and Skills Development Authority (TESDA) • Professional Regulations Commission (PRC) • Land Transportation Office (LTO) • Air Transportation Office (ATO) • Department of Health (DOH) • National Bureau of Investigation (NBI)

  16. Other Sources of documents : • Accredited Recruitment Agencies • Accredited Export Agencies • (Regular Processing) • Accredited Export Agencies • (Express Processing) • Individual Applicants (Regular Processing) • Individual Applicants (Express Processing) • Individual Applicants (thru courier)

  17. PHL Authentication Statistics

  18. Partner issuing gov’t. agencies

  19. Individually filed & agencies

  20. Other Issues and Concerns • Spurious Scanned Authentication Certificates • Forged Signatures • Fake Certificates • Tampered Certificates • Altered Certificates • Washed-out Certificates • Fake and Spurious Documents • Seen & Noted Documents from Foreign Service Posts

  21. OFFICE OF CONSULAR AFFAIRS AUTHENTICATION DIVISION Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention)

  22. Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) Outline: • Overview • Rationale • Apostille Fundamentals • Benefits • Challenges • Implementation and Operation of • Apostille in Philippines (PHL Apostille)

  23. OVERVIEW The Philippines (PHL) through the Department of Foreign Affairs (DFA) is now in the process of preparing the Accession of the Philippines to the Hague Convention of 1961 or “The Apostille Convention” which abolishesthe need for legalization of documents. Under the Convention, documents coming from Member Statesneed not be re-authenticated or legalized in the destination country, which is also a Member of the Convention. • Outline: • OVERVIEW • Rationale • Apostille Fundamentals • Benefits • PHL Apostille

  24. RATIONALE The Apostille Convention greatly streamlines administrative formalities for individuals and business, in the course of their cross-border movements and activities that need to produce public documents abroad. The Apostille Convention is a treaty that simplifies into single formalitythe legalisation procedure of public documents which is joined by member states as a contracting party. • Outline: • OVERVIEW • RATIONALE • Apostille Fundaments • Benefits • PHL Apostille

  25. RATIONALE Implementation of this reform shall likewise mean greater convenience and even more savings for the public and shorter processing time of documents. • Outline: • OVERVIEW • RATIONALE • Apostille Fundaments • Benefits • PHL Apostille

  26. Authentication Chain of Philippine Documents without the Apostille Convention

  27. Authentication Chain of PHL documents without Apostille Convention: lengthy, costly PARTNER GOV’T AGENCIES: CHED DEPED 1 2 PRC TESDA 2nd Certification Authority/officer/agency ( Department of Foreign Affairs) DOH ATO LTO • Prepares Authentication • Certificate 1st Certification Authority/officer/agency (All Partner Agencies) NBI 3 • Release the Public • Document with attached • Authentication Certificate • Signs Authentication • Certificate DOCUMENT READY TO BE USED ABROAD 3rd Certification Authority/officer/agency (e.g. Foreign Embassies / Consulates based in Philippines)

  28. Current Verification Process (Foreign Service Posts) 4 • Verifies authenticity of signature of • Documents with DFA Main Office Philippine Foreign Mission Foreign Embassies DFA Main Office Applicants • Applicants • presents docs to the receiving state • -Receives confirmation • Receives documents from • Embassies / Applicants • Verifies authenticity of signatures of • documents with DFA Main office. • Authenticates document to be issued • to applicant • Embassies • presents docs to the receiving state • -Receives confirmation • Verifies authenticity of signature of documents • Receives Documents for Host / • Receiving State MFA / Receiving States • Accepts documents from embassies /applicants • - Request verification from DFA

  29. Legalization Chain Of Documents with the Apostille Convention

  30. Simplified Legalization of public documents with the Hague Apostille Convention Country of ORIGIN of Document (PHL) CHED DEPED TESDA PRC DOH SEC DOCUMENT READY TO BE USED PUBLIC DOCUMENT DTI LTO 1 NBI Country of DESTINATION of Document (Contracting Party) NSO Department of Foreign Affairs (Competent Authority) to issue, to affix, and to register Apostille Certification PCCI

  31. 1 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille What is an Apostille? Where is it issued? An Apostille is a certificate issued by a Competent Authority (CA) that authenticates origin of a public document. A country party to the Apostille Convention can issue Apostille for public documents to be used in another country which is also a contracting party.

  32. 2 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille In which countries does the Apostille Convention apply? Currently, there are 102 contracting parties to the Apostille Convention. Contracting party status is updated periodically on the HCCH website: http://www.hcch.net/index_en.php?act=conventions.status&cid=41#mem

  33. 102 Contracting Parties as of 2011 September 13

  34. 3 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille If a country is not a party to the Convention, what would be the authentication procedure? An Embassy or a Consulate of a non-party state must be contacted to be able to know the available procedures and alternatives.

  35. 4 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille What are the documents to which an Apostille could be applied? In general, public documents can be issued an Apostille. Apostille is tantamount to authentication of public documents to be used abroad. In PHL, the Department of Foreign Affairs (DFA) authenticates the following documents:

  36. 4 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille Types of Documents Authenticated by the DFA: • Birth/Death/Marriage Certificate; • Certificate of No Marriage Record (CENOMAR) ; • School Records – Diplomas ; • Transcripts of Records as Certified by CHED, DepEd, TESDA, or University/College Registrar (SUCs) ;

  37. 4 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille Types of Documents Authenticated by the DFA: • Air Transportation Office (ATO)-issued licenses ; • Driver’s Licenses ; • Professional Licenses / Board Certificates ; • Board Ratings / Certifications ; • Certificate of Employment / Trainings / Seminars and Baptismal Certificate ; • Other notarized documents.

  38. 4 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille Types of Documents Authenticated by the DFA: • Medical / AIDS-Free Certificate ; • Court Decisions / Resolutions / Orders / Immigration Records ; • DSWD Clearance ; • NBI Clearances ; • Police Clearances ; • Barangay Clearances ; • Export Documents ; • Phytosanitary Certificates ; • Foreign Documents.

  39. 5 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille Where to obtain an Apostille? Apostilles can only be obtained from assigned Competent Authority/-ies in a country which is a contracting party. Competent Authorities (CAs) are the only establishments by which an Apostille could be issued.

  40. 6 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille How much does an Apostille cost? Department of Foreign Affairs (DFA) as a Competent Authority (CA) is currently assessing cost per of an Apostille. As a basis for procurement, cost of current price rate for Authentication Certificates is taken into consideration.

  41. 7 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille How does an Apostille look like? Apostilles issued by CAs, as much as possible, must be identical to the Model Certificate. (sample on the next slide) 1. Apostille (Title must be indicated) 2. French version of the title must appear. 3. 10-item information must be boxed.

  42. How does an Apostille look like? Apostille Model Certificate Philippine Apostille

  43. 8 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille How is an Apostille affixed? Apostille could be directly attached to the document or on a separate page (this is called an ‘allonge’). It is advised that more secured methods of affixing an Apostille should be employed to avert risk of spurious documents.

  44. 9 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille Will the Apostille be sufficient to prove public documents’ authenticity and genuineness? Apostilles are sufficient proof of documents’ authenticity and genuineness. The applicant is not required to obtain further signatures or proofs of authenticity to ascertain capacity of the signing officers or authority that signed or sealed the public document.

  45. 10 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • PHL Apostille What would be the procedure for verifying Apostille Document? Competent Authorities are required to keep a ‘register’ in which date and number of Apostilles are recorded. Online electronic registers (e-Registers) permit easy verification of queries online. The web address of the e-Register is mentioned on the Apostille.

  46. 2 EFFECTIVENESS Replacement of cumbersome process of legalization of public documents. Wider scope of document validity with one-hundred-two (102) contracting parties as of August 2011 Benefits 1 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • PHL Apostille EFFICIENCY Easier facilitation of Authentication of government-issued public documents.

  47. 3 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • PHL Apostille SECURITY Risk Aversion of falsified, spurious, and tampered documents. PHL’s Authentication Division has documented the statistics that accounts for spurious documents received during the year. Assignment of a Competent Authority (CA) to issue, affix and register Apostille delimits falsification of documents.

  48. 4 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • PHL Apostille BUSINESS & TRADE Encourage foreign investments and trade. Global business environment thrives on fast-paced transactions, Apostilles of documents can be verified online and in real-time. Apostille brings the Philippines to a good standing in aspects of document credibility in the International scope.

  49. 5 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • PHL Apostille Great advantage for Overseas Filipino Workers (OFWs) Streamlined process of legalisation greatly benefits OFWs in terms of convenience and lower cost. OFWs would be able to process their public documents without having to travel from agency to agency to gather certifications and transmit documents. Cost for Apostille greatly discounts the cost of travelling.

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