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The Department of Foreign Affairs (DFA) performs its authentication
function/services in the context of 1963 Vienna Convention on Consular
Relations. Given the existence of a multi-state system, aforesaid
Convention stipulates that, among other things, the various kind of
documents sourced from particular sovereign states (e.g. public
documents, private documents, and commercial documents) shall have
validity or operative effect in another sovereign state's legal
jurisdiction after subjected to an agreed upon authentication procedure.
The DFA through the Authentication Division-Office of Consular Affairs
may authenticate an act, deed documents etc. executed or sourced within
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. When these acts, deeds or documents have been
duly authenticated by the Department, 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 DFA authentication attest 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 DFA
certification/authentication does not, per se, authenticate the
validity/efficacy/enforceability of the basic document itself.
However, the Authentication 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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