[ Memorandum Circular No. 49, August 25, 2003 ]
PRESCRIBING GUIDELINES ON THE ISSUANCE BY THE AUTHENTICATION OFFICE, OFFICE OF THE PRESIDENT, OF CERTIFICATION FOR THE AUTHENTICATION OF SIGNATURES ON DOCUMENTS FOR USE IN FOREIGN COUNTRIES
The following guidelines are hereby prescribed for the issuance by the Authentication Office, Office of the President, of a certification authenticating the signatures on documents to be used in foreign countries. When used in this Circular, the term “document” shall refer to such instrument, deed or paper, with its enclosures, presented for authentication, unless the context clearly suggests otherwise.
1. The text of the certification shall substantially hew to the following formulation:
“I, the undersigned authentication officer, Office of the President, do hereby certify that:
whose name appears on the attached certificate was, at the time of signing the said certificate, duly authorized by the laws of the Republic of the Philippines to sign the same, and that full faith and credit are and ought to be given to his officials acts; and I further certify that I am familiar with his handwriting and confirm that the signature and seal affixed to the said certificate are genuine.”
2. The Certification 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.
The Certification does not attest to the validity, efficacy, or enforceability of the basic document itself.
3. The authentication officer may require the submission of an updated signature specimen of the certifying officer, the production of such other documents or shall take such appropriate measures necessary to ensure the integrity of the authentication process and the certification to be issued. Any doubt entertained by the authentication officer as to the authenticity of the document, with its enclosures, and/or the signature/s appearing thereon, shall be promptly referred to his/her immediate superior.1âшphi1
4. No document shall be processed for authentication unless it has been properly certified and only upon proof of payment of the prescribed authentication fee and other charges; Provided, however, that documents emanating from a Philippine government agency must be made on the official stationery and shall bear the official seal of that agency.
5. Listed hereunder are the documents and the corresponding certifying officers:
5.1 For Public Documents:
5.1.1 Birth, death and marriage certificate – the authorized official of the National Statistics Office (NSO), provided that the authentication officer may require, with respect to marriage certificate of Muslims, that the certification of the Clerk of Court of the Shariah Court of the place where the marriage was solemnized be appended to the NSO certification.
5.1.2 Diploma, transcript of records and certificate of completion – the proper official of the Department of Education (DepEd), or, in appropriate cases the Commission on Higher Education (CHED) or Technical Education Skills Development Authority (TESDA).
5.1.3 Certificate of Board Examination – the proper official of the Professional Regulations Commission (PRC).
5.1.4 Land Transportation Office (LTO) certificate – the proper LTO official.
5.1.5 National Bureau of Investigation (NBI) – the proper NBI official.
5.1.6 Photo or machine copy of government contracts on official file – the records custodian of the contracting agency.
5.1.7 Authority to import or export arms or ammunitions – the proper official of the Philippine National Police (PNP).
5.1.8 Artist Record Book – proper TESDA official; other overseas employment instruments – the proper official of the Philippine Overseas Employment Administration (POEA) or the Department of Labor and Employment.
5.1.9 Other public documents – the proper official of the issuing agency.
5.2 For Private Documents:
5.2.1 A notarized deed or document executed in the Philippines – the Clerk of Court of the Court which issued the notarial commission.
5.2.2 A document executed by a Filipino in a foreign country – the proper official of the Philippine Embassy or the nearest Consular Office.
5.2.3 Medical certificate from a private clinic or hospital – the proper official of the Department of Health.
6. A 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 national.
7. The transmittal list of documents received and released for any given day shall be prepared and furnished by the Authentication Office, Office of the President, to the Authentication Office, Office of Consular Services, Department of Foreign Affairs, containing the control number, number of applicants, Official Receipt number, number of certifications, amount paid and the name of the authentication officer.
8. In line with the requirements of efficient and effective governance, the Authentication Office, Office of the President, shall adopt mechanisms to ensure that applications for authentication are attended with dispatch on a “first come, first served” basis.
9. Memorandum Circular No. 55, series of 1988, and all other issuances, rules and regulations, insofar as they inconsistent with this Circular, are hereby superseded or modified accordingly.
10. This Memorandum Circular shall take effect immediately.
