- The
Embassy performs its authentication function/services in the context of
the 1963 Vienna Convention on Consular Relations. The Embassy, through
the Consular officers of the Consular Section, may authenticate an act,
deed/document etc. executed or sourced with the Philippine legal jurisdiction
by way of certifying said act, as follows: a) executed before a local
notary public officer authorized to execute such functions, b) testified
to by a public seal, c) rendered public by the authority of a competent
magistrate, d) certified as being a copy of a public register, d) authenticated
by the Department of Foreign Affairs. When these acts, deeds or documents
have been duly authenticated by the Embassy, the receiving embassies or
consulates or any other foreign legal entities are, in effect assured
that aforesaid documents are in order or have been legalized in accordance
with proper procedure. Foreign Embassies, Consulates and foreign legal
entities may or may not require the authentication of documents sourced
from the Philippines for use within their respective jurisdictions. However,
under rules of reciprocity in international relations, sovereign states
normally require authentication of foreign documents to be used.
-
The Embassy 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. As such, the Embassy certification/authentication
does not, per se, authenticate the validity/efficacy/enforceability of
the basic document itself. However, the Consular Officer 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.
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