With the Philippine economy projected to recover and grow in 2021,[1] economists further anticipate an increase in business investments and activities in the country by Q3. In particular, the projected rebound in 2021 and 2022 are primarily driven by a renewed infrastructure investment push and a gradual recovery of the private sector supported by accommodative monetary policy and global recovery.[2] IMF projects a 6.5-percent growth for the Philippines in 2022.[3] While the 2021 and 2022 growth projections are above the world growth estimates and the forecasts for the Asean-5—which are at 5.2 percent in 2021 and 6 percent for 2022—they are still below the government’s growth projections for both years.[4]

In the time of COVID-19 with restricted travel and face-to-face meetings (both domestic and international), the commercial world has also seen a rise in cross-border counterpart execution of contracts. However, this welcome development may still be hampered by certain formal requirements existing under Philippine law, such as the notarization and authentication of documents for specific business transactions. For instance, from the establishment of Philippine entities (through the execution of Articles of Incorporation) to the sale or acquisition of businesses, the formally required notarization of documents requires personal appearance before a commissioned notary public in the country. Thus, for the execution of pertinent business transactions across international borders, counterparts should be aware of compliance with formal requirements.

Apostille Convention in General

Before the accession to the Apostille Convention, documents that required notarization or authentication and other such Philippine public documents needed an Authentication Certificate or “Red Ribbon” to be used abroad.[5] However, “consularization” has traditionally proven to be costly, timely, and in under present circumstances, even not possible. To obtain an Authentication Certificate in the Philippines, a Philippine public document to be used abroad needed a Certificate by the relevant government agency or office, Authentication by the DFA of the Philippines, and Authentication (legalisation) by the Embassy of the country of destination.[6] Furthermore, foreign public documents to be used in the Philippines likewise needed a “Red Ribbon” from the Philippine Consular Offices abroad. This also entailed the same rigorous process.

Thankfully, another alternative is available to address this issue – the Apostille Certification. An Apostille certifies the origin of a public document.[7] It is a certification by the designated competent authority of state certifying the authenticity of the signature, the capacity in which the person signing the document has acted, and the identity of the seal or stamp it bears.[8] The Apostille Convention streamlines the whole authentication procedure of public documents to be used abroad and makes it more convenient, economical, and efficient.[9]

Apostille Procedure in the Philippines

Through the Apostille Convention, an Authentication by the Embassy of the country of destination is no longer needed if the country of destination is a Member of the Apostille Convention.[10] Thus, in order to Apostille a document in the Philippines, a document needs to be certified by the relevant government agency or office. Thereafter, the said document may be Apostilled in any of the following Authenticating units of the DFA.[11] This document can already be used in any Apostille member country without the need of having the document authenticated by such member country’s embassy or consular office.

In the Philippines, the cost of requesting an Apostille is Php100.00 for Regular Processing and Php200.00 for Expedited Processing.[12] The Apostille documents could be released as early as the following business day for Expedited Processing, or, at most, after four business days for Regular Processing.[13] Once the public document is Apostilled by the DFA of the Philippines, the said public document can be validly used in any Apostille Contracting State.[14]

The requirements for certification by the relevant government agency would differ depending on the type of document sought to Apostilled.[15] For instance, a special power of attorney would require a Certificate of Authority for a Notarial Act (CANA) signed by the Executive Judge, Vice-Executive Judge, or any office authorized signatories of the Regional Trial Court.[16]

Apostille Procedure Outside the Philippines

Outside the Philippines, obtaining an Apostilled Document depends on the laws and rules of the specific country where the document was executed or obtained, assuming first and foremost that the said country is a signatory to the Apostille Convention. For example, a Notarized Special Power of Attorney or a Birth Certificate from the State of Florida must generally be Apostilled in Florida. The cost, requirements, and procedures will vary per country and per professional providing assistance in the entire Apostille certification procedure.

Significance of the Apostille Convention during the COVID-19 pandemic

With the ongoing COVID-19 pandemic, travel restrictions and requirements are being implemented in various countries, which makes it difficult for a person to be present in another country for an urgent transaction. With the Philippines as a party to the Apostille Convention, these transactions no longer have to be significantly postponed or delayed as securing an Authentication or “consularization” in the Consulate Office of the country of destination is no longer required. Public documents affixed with an Apostille Certificate can now be promptly obtained and used in any Apostille Contracting State.[17] As the international business community adapts to the changes abruptly imposed around the world, the acceptance of Apostille Certificates is a welcome development.

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[1] The Manila Times, PH Economy to Rebound in 2021, Anna Leah Gonzales, 08 June 2020, available at https://www.manilatimes.net/2020/06/08/business/business-top/ph-economy-to-rebound-in-2021/730219/ (last accessed 09 March 2021).

[2] Business Mirror, IMF Slashes PHL GDP forecast for 2020, 2021, Bianca Cuaresma, 27 January 2021, avi=ailable at https://businessmirror.com.ph/2021/01/27/imf-slashes-phl-gdp-forecast-for-2020-2021/ (last accessed 09 March 2021).

[3] Id.

[4] Id.

[5] Department of Foreign Affairs, Question and Answer and Infographics on Authentication Through Apostille, available at https://dfa.gov.ph/dfa-news/dfa-releasesupdate/22280-question-and-answer-and-infographics-on-authentication-through-apostille(last accessed 03 March 2021).

[6] Id.

[7]  Id.

[8] Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, art. 3, opened for signature Oct. 5, 1961, 527 U.N.T.S. 189 [hereinafter Apostille Convention].

[9] Department of Foreign Affairs, supra note 5.

[10] Apostille Convention, supra note 8, art. 3.

[11] DFA-Aseana DFA NCR- Northeast (Ali Mall); DFA NCR-East (SM Megamall); DFA NCR-West (SM Manila); DFA-NCR- South (Metro Gaisano Alabang); DFA San Fernando, Pampanga; DFA Davao (SM  Davao); and DFA Cebu (Pacific Mall-Metro Mandaue). (Department of Foreign Affairs, supra note 5).

[12] Id.

[13] Id.

[14] Apostille Convention, supra note 8, art. 13.

[15] Department of Foreign Affairs, Requirement of Documents for Authentication, available at https://consular.dfa.gov.ph/services/authentication/authentication-requirements/requirements-of-documents-for-authentication (last accessed 03 March 2021).

[16] Id.

[17] Subject to certain limitations as stated in Article 12 of the Apostille Convention. (Apostille Convention, supra note 8, art. 12).