Authentication Rules and Regulations (ARR) of the Department of Foreign Affairs

February 29, 2016

DFA DEPARTMENT ORDER NO. 03-16

AUTHENTICATION RULES AND REGULATIONS (ARR) OF THE DEPARTMENT OF FOREIGN AFFAIRS

WHEREAS, Book IV, Title I, Chapter 2, Section 8 (8) of Executive Order No. 292, s. 1987 (The Administrative Code of 1987) mandates the Office of Consular Affairs (OCA) of the Department of Foreign Affairs (DFA) to efficiently and effectively deliver passport, visa and authentication services.

WHEREAS, Executive Order No. 582, s. 2006 (EO 582, s. 2006) directs the streamlining of the process of authenticating documents intended for use abroad, thereby abolishing the Office of the President's Authentication Office (OP-AO);

WHEREAS, pursuant to Section 1 of EO 582, s. 2006, the DFA is mandated to be the "agency solely responsible for authenticating documents certified as authentic by the issuing agency office";

WHEREAS, pursuant to Section 5 of EO 582, s. 2006, there is a need to codify, consolidate, and update the Department's Rules, Regulations and Procedures on the authentication of documents;

Hereby issued are the Authentication Rules and Regulations of the Department of Foreign Affairs.

SECTION 1. Title. — These rules and regulations shall be known and cited as the Authentication Rules and Regulations (ARR) of the Department of Foreign Affairs.

SECTION 2. Purpose. — These rules and regulations are promulgated to provide guidelines for the Office of Consular Affairs-Authentication Division as well as its extension units in select DFA Field Offices (Satellite Offices and Regional Consular Offices) for the authentication/legalization of domestically issued documents for use in foreign jurisdictions, thereby implementing the provisions of Executive Order No. 582, s. 2006.

SECTION 3. Scope of the ARR. — These rules and regulations shall govern the operations of the DFA, through OCA-Authentication Division, in fulfilling its mandate as the agency solely responsible for the authentication of documents for use abroad, which are certified as authentic by the issuing government agency.

However, unless otherwise stated in this Department Order, the rules and regulations governing the Authentication Services of Philippine Foreign Service Posts (FSPs) for documents issued in foreign countries intended for use in the Philippines shall be governed by the provisions of Chapter 10, Part C (Authentication of Documents) of the Implementing Rules and Regulations (IRR) of Republic Act No. 7157 (D.O. 19A-95). CAIHTE

SECTION 4. Definitions. — As used in the ARR:

a) "Authentication" is an attestation to the genuineness of the signature appearing on the attached certification from an agency or instrumentality of the Government of the Philippines 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. As such, the DFA certification/authentication does not, per se, authenticate the validity/efficacy/enforceability of the basic document itself.

b) "Secretary" refers to the Secretary of Foreign Affairs;

c) "Undersecretary", unless otherwise qualified, refers to the Undersecretary with supervisory authority over the Office of Consular Affairs of the Department of Foreign Affairs (DFA-OCA);

d) "Assistant Secretary" refers to the Assistant Secretary of the DFA-OCA;

e) "Executive Director" refers to the Executive Director of the DFA-OCA;

f) "Director" refers to the Director of the DFA-OCA's Authentication Division;

g) "Applicant" refers to the person to whom the document was issued;

h) "Authorized Representative" refers to any person who is duly authorized by the owner of the document to file and/or claim authenticated document/s on his/her behalf;

i) "Mishandling of Documents" refers to the commission or omission of acts resulting in the loss, destruction, damage, falsification, tampering or substitution of any document/s committed to the possession of a person for submission to the DFA for authentication purposes.

j) "Signing Officer" refers to a regular DFA employee authorized to sign the Certificates of Authentication attesting to the authority of the official/person who signed the document/certification being presented for authentication and to certify that full faith and credit may be given to the acts of said person.

 The Signing Officer further certifies that he/she is attesting to the genuineness of the signature of the officer of the issuing agency and that the seal affixed to the certificate/document appears to be genuine.

PART I

Procedures for the Authentication of Documents by the Office of Consular Affairs

SECTION 5. Authentication of Documents. — All documents issued domestically and duly certified by competent Philippine government agencies which are to be used outside of the Philippines shall be authenticated by the Office of Consular Affairs' Authentication Division and its extension units in select OCA Field Offices (Satellite Offices and Regional Consular Offices).

Documents issued in foreign countries that have been authenticated by foreign Embassies, Consulates, and Missions accredited by the Philippine Government for use in the Philippines, may be authenticated by OCA-Authentication Division.

SECTION 6. Filing of Applications. — A duly accomplished application form must be filed personally by the applicant who must present at least one valid identification card or other document of identification or through an authorized representative.

Documents of minors can be filed by immediate family members, legal guardians, and authorized representatives bearing a Special Power of Attorney issued by either of the minor's parents and a copy of their valid identification card. Valid identification cards are listed in Annex A of this Department Order.

Applications may be filed on behalf of the applicant only by an authorized representative, provided that the said representative must present:

i. His/her own government issued identification card and a photocopy thereof;

ii. A Special Power of Attorney; and

iii. A copy of the applicant's passport or a copy of any identification card bearing the signature of the applicant.

Limitation: An authorized representative may file documents of up to (10) applicants per week. However, in cases of extreme urgency, the Assistant Secretary, Executive Director or Director for Authentication may authorize the filing of documents for more than ten (10) applicants.

SECTION 7. Processing of Applications. — Applications filed must be thoroughly checked by the processors receiving them.

SECTION 8. Payment of Fees. — The applicant pays the appropriate Authentication Fees as prescribed under the Department of Foreign Affairs' Schedule of Fees to the Cashier.

The issuance of authentication certificates free of charge or gratis, for highly meritorious considerations, shall be subject to the specific approval of the Undersecretary who has supervision over OCA or through a written request by the Undersecretary for Migrant Workers' Affairs.

SECTION 9. Masterlist of Applications for Authentication. — A Masterlist of all documents filed and issued for authentication purposes shall be made. It shall contain, among others, the name of the applicant, the type of document, its control number and official receipt number and the serial number of the certificate to be issued for the document. The retention of entries in the Masterlist shall be according to existing regulations of the Department and of the National Archives of the Philippines (NAP).

If the Masterlist is maintained in digital form, its server and database storage facility should be maintained and secured according to existing national and departmental regulations and guidelines. DETACa

SECTION 10. Verification. — The issuance of all documents presented for authentication or for verification by the Authentication Division are subject to further verification from the issuing government agency/office, Philippine Foreign Service Posts/Honorary Consulates, and Foreign Missions in the Philippines before a certificate of authentication is issued.

Any document which is denied by the issuing government agency/office, Philippine Foreign Service Posts/Honorary Consulates, and Foreign Missions in the Philippines shall be confiscated by the Department for the appropriate action of said issuing government agency/office.

SECTION 11. Data Base of Specimen Signatures. — OCA-Authentication shall maintain and continuously update a data base of signatures of signing officers of government agencies and foreign embassies that issue certifications and verifications of issued documents.

The Specimen Signature Data Base's hardware and software should be maintained and secured according to existing national and departmental regulations and guidelines.

SECTION 12. Certificate of Authentication. — Upon undergoing verification procedures, a Certificate of Authentication shall be issued and signed by the Signing Officer.

A Certificate of Authentication however, does not, per se, authenticate the validity/efficacy/enforceability of the underlying document itself.

Blank Authentication Certificates are accountable forms, subject to the existing rules and regulations of handling, accounting, and reporting of the said blank forms by the designated accountable officer.

SECTION 13. Form of the Certificate of Authentication. — All Certificates of Authentication to be used by the Department must be in paper sheets or stickers with high security features and are to be treated as accountable forms.

OCA-Authentication Division may use the form in Annex B as the basic guide in the printing of domestically issued Certificates of Authentication.

SECTION 14. Validity of the Certificate of Authentication. — The validity of a Certificate of Authentication shall follow that of the underlying document it covers. If an authenticated document has no validity date indicated, the Authentication Certificate shall be valid for only five (5) years from its date of issuance.

SECTION 15. Release of Authenticated Documents. — The authenticated documents shall be released to the applicants on the scheduled date of release indicated on the machine validated Authentication Slip or the Official Receipt.

Only organic DFA-OCA Authentication Personnel are authorized to release authenticated documents to authentication clients.

Release of the authenticated documents to persons other than the applicant shall be subject to the conditions enumerated in Section 6 hereof.

In cases of extreme urgency, the Secretary, the Undersecretary, the Assistant Secretary, the Executive Director or the Director of the Authentication Division may authorize the release of an authenticated document earlier than its scheduled date of release, subject to the presentation of sufficient and acceptable proof of the immediate need to have the document released earlier.

SECTION 16. Unclaimed Authenticated Documents. — All unclaimed documents shall be disposed of after a period of three (3) months from date of release.

SECTION 17. Correction of Authenticated Documents. — If there is an error in the Authentication Certificate due to the fault of the OCA-Authentication Division, such error shall be corrected and the corresponding Authentication Certificate shall be issued at no cost to the applicant.

If the error in the Authentication Certificate is not due to the OCA-Authentication Division, such error shall be corrected and the corresponding Authentication Certificate shall be issued after the applicant pays the required fee/s.

SECTION 18. Data Base of Scans of Issued Certificates. — A data base of scans of issued Certificates of Authentication must be maintained and updated by OCA-Authentication Division. At the request of any interested person, DFA-OCA shall provide the means that shall verify whether the particulars in the certificate correspond with those in the data base. Scans of issued Authentication Certificates may remain in this data base during their validity period, without prejudice to Section 9 of this Department Order.

SECTION 19. Grounds for Refusing Authentication of Documents. — The authentication of a document may be refused for the following reasons:

a) The document presented appears to be fake, spurious, or tampered;

b) The applicant has failed to comply with any of the requirements stated in these Rules; and/or

c) There is reason to believe that the document/certificate will be used for illegal purposes and/or use of the document/certificate will be prejudicial to the Philippine Government and its interests. Such documents must first be elevated to the Director or, depending upon the nature of the document, the Executive Director, the Assistant Secretary, the Undersecretary, or the Secretary, for clearance and approval prior to authentication.

SECTION 20. Agreements with Various Issuing/Certifying Government Agencies. — In order to secure the processing of documents for OCA's authentication, the Department shall enter into Memoranda of Agreements with the various issuing government agencies for the implementation of the new authentication procedure, taking into consideration the peculiar circumstances of each issuing government agency.

PART II

Prosecution and Administrative Sanctions

SECTION 21. Prosecution of Persons Presenting Fake, Spurious, and/or Tampered Documents for Authentication. — The Assistant Secretary or his authorized representative shall report to the proper law enforcement agency persons presenting fake, spurious, tampered or substituted documents for authentication in accordance with the provisions of the Revised Penal Code on the falsification and use of falsified documents, falsification and use of false certificates, and perjury.

SECTION 22. Prosecution of Persons Making, Possessing and Using Spurious, Fake, Substituted and/or Tampered Certificates of Authentication. — The Assistant Secretary or his authorized representative shall report to the proper law enforcement agency persons making, possessing or using spurious, fake and/or tampered certificates of authentication in accordance with existing laws, rules and regulations.

SECTION 23. Denial of Blacklisted Individuals to Apply for the Authentication of Documents of Other Persons. — OCA-Authentication Division shall maintain a blacklist of individuals who have been reported to the proper law enforcement agency as provided by Sections 21 and 22 of this Order.

Any individual in the blacklist shall be denied Authentication services, unless he/she submits a certification from the proper law enforcement agency that he/she did not commit the act reported to the said agency pursuant to Sections 21 and 22 of this Order.

PART III

Administrative Provisions

SECTION 24. Prescribed Fee for Authentication. — No Authentication Certificate shall be issued without payment of the prescribed authentication fee.

Also, pursuant to Executive Order No. 906 dated 29 June 2010 (EO 906, s. 2010), expedite fees may be collected for authentication services beyond the regular processing period in the Home Office at a specified rate.

SECTION 25. Operations Manuals. — OCA-Authentication Division shall create the necessary operations manual/s for the practical application of the provisions of this Authentication Rules and Regulations, in accordance with the provisions of D.O. 01-12. aDSIHc

SECTION 26. List of Spoiled and Missing Authentication Certificates. — The Authentication Division must keep a list and report of spoiled and missing Authentication Certificates. The disposal of spoiled Authentication Certificates must be in accordance with existing laws and regulations.

SECTION 27. Repealing Clause. — All Department Orders, circulars, rules and regulations inconsistent with this Order are hereby repealed or amended accordingly.

SECTION 28. Separability Clause. — If any part of this Order is declared contrary to law or unconstitutional by competent authority, the other parts not covered by such declaration shall remain in full force and effect.

SECTION 29. Effectivity Clause. — This Order shall take effect after fifteen (15) days from the date of its deposit with the Office of the National Administrative Register (ONAR) of the UP Law Center.

Pasay City, February 29, 2016.

(SGD.) ALBERT F. DEL ROSARIOSecretary of Foreign Affairs

ANNEX A

List of Acceptable IDs

Government Issued IDs:

• Passport

• SSS ID

• GSIS E-Card

• Driver's License

• PRC ID

• IBP ID

• OWWA ID

• BIR ID

• Senior Citizen's ID

• Voter's ID

• Digitized Postal IDs

Others:

• Old School (elementary, high school, college) ID

• Alumni ID

• Old Employment ID

ANNEX B

To All Whom These Presents Shall Come, Greetings:

I, __________________________, Authentication Officer of the Department of Foreign Affairs, do hereby certify that ___________________________________, whose name appears signed in the attached certification/document, was at the time of signing, ___________________________________________________________________________________________, duly appointed and qualified to sign the certification/document and that full faith and credit may be given to her/his acts.

For the contents of the annexed document(s), the Department assumes no responsibilities.

I further certify that I am familiar with her/his handwriting and verily believe that signature and seal affixed to the said certification/document are genuine.

IN WITNESS HEREOF, I have hereunto set my hand at the City of Manila, Philippines, this ________ day of _________ 201_____.

Authentication Officer Annexed documents(s) is/are:

O.R. No. _______________ DATE ____________

(Not valid without DFA dry seal, red ribbon, documentary stamp and if document bears any visible physical tampering, erasures or if soiled and worn out).

Executive Order No. 582

PART C

Authentication of Documents

Sec. 632. Certificate of Authentication. — When an officer in a foreign country other than an officer of the Philippines has performed a notarial or other official act for use in the Philippines, the official character of the executing officer should be verified by the diplomatic or consular officer of the Philippines. The diplomatic or consular officer shall then issue a certificate of authentication in order to give the service legal force and effect in the Philippines.

Sec. 633. Form of Certificate. — Officers may use the following form as a guide in preparing a certificate of authentication:

PHILIPPINE EMBASSY )

I, _____________________________________, (Name of authenticating officer) _____________________ (Title) at _______________, (Place) duly commissioned and qualified, do hereby certify that _____________________________ (Name of officer performing service) before whom the annexed instrument has been executed was, at the time he signed the annexed certificate, a _____________ (Title of officer) and verily believe that his signature affixed thereto is genuine.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the __________________ at _______, this ___________ day of _________________, 19______.

____________________

(SEAL)

_____________________

Sec. 634. Execution of Certificate. — In executing a certificate of authentication, the officer making the certificate should require the person before whom the instrument was executed or signed to produce his authority of official character or an official statement from competent authority that he has been duly commissioned as a notary public, or otherwise empowered to administer oaths or acknowledge documents. Care shall be taken by the officer making the authentication not to include statements which are not within his power or knowledge to make. When in his opinion the circumstances seem to warrant, and always in connection with certificates of marriage or divorce decrees, the authenticating officer shall include in the body of his certificate a qualifying statement reading as follows: "For the contents of the annexed documents the ________________________ (Name of office) assumes no responsibility."

 

It is always a safer procedure to require the signature and authority of the notarizing officer to be certified to by the authenticating officer of the local Foreign Office, whose signature will then be authenticated by the Philippine consular officer.

Sec. 635. Foreign Official Records. — The Rules of Court provides that an official record in a foreign country or an entry therein when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the records, accompanied by a certificate from a secretary of embassy or legation, consul general, consul, vice consul or consular agent of the Philippines, stationed in the foreign country in which the record is kept and authenticated under the seal of his office, that such officer has the official custody thereof.

PART D

Acknowledgement

Sec. 636. Definition. — An acknowledgement is the act by which a person who has executed an instrument goes before a competent officer and declares it to be his true and voluntary act and deed.

Sec. 637. Certificate of Acknowledgement. — When a person who has executed an instrument appears personally before an officer and makes acknowledgement thereof, the officer shall execute a certificate of acknowledgement. An officer should make sure that the form of acknowledgement satisfies the requirements of the Philippine law in each particular case. The following sample of the certificate of acknowledgement may be used:

PHILIPPINE EMBASSY

Acknowledgement

Before me, _______________, (Name) __________ (Title) in and for ____________________________, (City, country) duly commissioned and qualified, at ___________ (Place) on this __________ day of ____________________, __________, (Year) A.D., personally appeared ____________________ (Name) to me known and known to me to be the same person who executed the annexed instrument, and being informed by me of the contents of said instrument, acknowledged before me that he executed the same of his own free will and deed.

The said party, together with the two instrumental witnesses, signed at the foot of the instrument and on the left hand margin of the other pages hereof, this instrument together with this Acknowledgement being composed of ______________________ (Number in words) (__) pages.

IN WITNESS WHEREOF, I have hereunto set my hand on these presents and affixed hereon the seal of the ______________________________ at _________________ this _______ day of ____________________, 19____.

____________________

(SEAL)

_____________________