[ Memorandum Circular No. 55, March 30, 1988 ]
PRESCRIBING GUIDELINES ON THE ISSUANCE OF AUTHENTICATION BY THE AUTHENTICATION UNIT, LEGAL OFFICE, OFFICE OF THE PRESIDENT FOR USE IN FOREIGN COUNTRIES.
The following guidelines are hereby prescribed for the issuance by the Authentication Unit, Legal Office, (AULO) Office of the President, of certification to the genuineness of signatures on documents to be used in foreign countries.
1. The text of the AULO authentication shall read as follows:
“I, the undersigned authentication officer, Office of the President, do hereby certify that:
whose name appears signed to the attached certificate, was at the time of signing the said certificate, duly authorized by the laws of the Philippines to sign the same, and that full faith and credit are and ought to be given to his official acts; and I further certify that I am familiar with his handwriting and verily believe the signature and seal affixed to the said certificate are genuine.
“IN WITNESS WHEREOF, I have hereunto set my hand, at Manila, Philippines, this _______day _________ of 19__.”
2. The AULO authentication attests to the genuineness of the signature appearing on the attached certification for the purpose of identifying a specific document and giving credence to the official acts of the notary public or certifying officer thereon for use, if and when required, as instrument of evidence in foreign countries.
3. The AULO certification does not per se authenticate the validity/ efficacy/enforceability of the basic document itself. However, the Authentication Officer, Office, of the President, is a lawyer and, as such, is impressed with duties calling for carefulness and faithfulness whereby he must inform himself of the facts to which he intends to certify and avoid participation in illegal enterprises.
4. If the Authentication Officer, Office of the President, cannot issue a certification on the ground that the basic document involves an illegal enterprise, the matter shall, be formally elevated to the Assistant Executive Secretary for Legal Affairs for final decision.
5. The basic document must be properly certified (authenticated) before its submission to the AULO, Office of the President, as follows:
5.1 For Public Document:
5.1.1 Birth, death or marriage certificate shall first be certified by the authorized official of the National Statistic Office, Manila.
5.1.2 Diploma or other school records shall first be certified by the proper signing official of the Department of Education, Culture and Sports.
5.1.3 Certificate of Board Examination shall first be certified by the proper official of the Professional Regulations Commission.
5.1.4 Medical certificate from a private clinic must first be certified by the Department of Health. Certification regarding AIDS, if required by a foreign country, shall be valid only for 6 months.
5.1.5 Land Transportation Commission certificate shall first be certified by its proper signing official.
5.1.6 National Bureau of Investigation clearances shall first be certified by its proper signing official. The clearance expires after six (6) months and shall be renewed if need be.
5.1.7 Contract involving the Philippine Government or any of its office/agency/instrumentality shall be certified by the Department head or official concerned, acknowledged before a notary public and certified by the Clerk of Court of the city or .municipality where either of the pjrtieu resides or where they transact business. The inter-agency approval of the basic -document must be attached to the basic document.
5.1.8 Marriage certificate of Muslim residents shall be certified by the Administrator of the Manila Golden Mosque, Cultural Center, Quiapo, Manila.
5.1.9 If the document involves a private corporation and a government official in the Office of the President acting in his official capacity, certification from the Malacanang Records Office on such capacity shall be submitted. In the absence thereof, appropriate clearance from the Office of the Executive Secretary shall be secured. If such government official acted in his private capacity, he shall submit a written statement to that effect.
5.2 For Private Document:
5.2.1 Document executed by Filipino individuals in their private capacity shall be notarized and certified by the Clerk of Court of the city or municipality where the document was executed or where either of the parties resides.
5.2.2 Document executed by Filipinos abroad shall first be authenticated by the Philippine Embassy or Consulate where they reside or where the transaction took place.
5.2.3 Document executed between a Filipino and a foreign national shall comply with authentication requirements of both the laws of the Philippines and the laws of the country of the foreign party. The AULO, Office of the President, shall accord full credence to the authentication by the proper foreign embassy/consulate.
5.2.4 Contract executed by foreigners in the Philippines shall first be authenticated by the proper foreign Embassy or Consulate. Authentication by the AULO, Office of the President, is not needed for a basic document executed by foreigners in a foreign country.
5.2.5 If the document is executed by a private corporation or other private entity, the registration and license to operate as such from the, Securities and Exchange Commission or the appropriate regulatory agency shall be presented for examination. If the document involves commerce or industry, or import and export of goods, the same shall be supported by appropriate authorization from the officials of the inter-agency concerned with the basic document.
5.2.6 If the document involves labor and employment, proper accreditation with the Philippine Overseas Employment Administration or Department of Labor shall first be secured.
5.2.7 If the document involves importation/exportation of arms or ammunitions clearance from the Department of National Defense and/or the Chief of Staff of the Armed Forces of the Philippines shall first be obtained.
6. Upon receipt of a matter submitted for certification, the AULO, Office of the President, shall observe/cause compliance with the following:
6.1 The basic document and supporting papers shall be examined for compliance with requirements. Documents emanating from a Philippine government agency must be made on the official stationery and bear the official seal of that agency.
6.2 The interested party shall be issued a Payment Order Slip indicating therein his/her name, number of documents to be certified, the amount to be paid therefor and the control number of each document.
6.3 The interested party shall pay an authentication fee of Ten (10) Pesos per document to the Cashier, and the Official Receipt therefor shall be attached to the basic document.
6.4 The documents shall be recorded in two transmittal lists, one for individual applicants and another for recruitment agencies, stating the number of documents, control number, O.R. number, name of the authentication officer, time of receipt of the document in the morning (red) or afternoon (blue).
6.5. The document shall be verified as to genuineness of signatures, documentary stamps and signing authority. Thereafter, the corresponding blue sheet (certification form) shall be attached to the document.
6.6 The blue sheet shall be filled-up with the name of the interested party, the O. R. number, the name of the verifier and the date of preparation. Thereafter, the blue sheet and the document subject matter thereof shall be given to the Recorder and then presented to the authentication officer. The Recorder shall record the control number, document number and blue sheet number. No documentary stamp shall be affixed to the blue sheet.
6.7 The blue sheets (certifications), as duly signed by the authentication officer, shall be released by the releasing officer in the sequential order of numbering to the duly authorized and identified interested parties.
7. A transmittal list of documents received and released for any given day shall be prepared and furnished by the AULO, Office of the President, to the Authentication Office, Office of Consular Services, Department of Foreign Affairs, containing the control number, number of applicant, O.R. number number of blue sheets (certifications), amount paid and the name of the authentication officer.
8. Any recruiting agency, medical clinic, business firm or similar party that regularly submits documents for authentication of the signatures thereon shall accredit themselves with the AULO, Office of the President. For this purpose, they shall among others submit the following:
8.1 Certified true copy of party’s License to operate business from POEA, SEC. Mayor’s Office, Bureau of Export Trade, DTI, etc.;
8.2 Certified True Copy of party’s Business Name;
8.3 Letter of Authority for its representative and/or liaison officer;
8.4 Two pictures of party’s authorized representative, one (2 x 2) and one (1 x 1);
8.5 Two (2) copies of covering transmittal letter from party listing the documents whereon appear the signatures to be authenticated; and
8.6 One (1) new thick folder.1aшphi1
9. The Guidelines issued by this Office on January 5, 1988, and all orders, rules and regulations in conflict or inconsistent with this Memorandum Circular are hereby repealed or modified accordingly.
10. This Memorandum Circular shall take effect immediately.
