The 4 th Asia Pacific Regional Conference: The Work of the Hague Conference

1. The 4th Asia Pacific Regional Conference: The Work of the Hague Conference On Private International Law Mandarin Oriental Hotel, Makati City , Philippines 26 to 28 October 2011 Issues Considered by the Philippines For Accession to the Apostille Convention

2. General Topics • Philippine Authentication Process • Future Enhancement: Applying The Hague Convention of 1961 (Apostille Convention)

3. Executive Order No. 582 • Prescribes verification of documents prior to authentication; and • Prescribes greater efficiency in providing service to the public. • Directs the streamlining of the process of authenticating documents for use abroad; • Mandates DFA Office of Consular Affairs (OCA) to be the sole agency responsible for authenticating documents; • Effectively abolished the Office of the President’s Authentication Office;

4. AUTHENTICATION CERTIFICATE

5. What do we authenticate? Types of Documents Authenticated • Birth/Death/Marriage Certificate; Certificate of No Marriage Record (CENOMAR) • School Records – Diplomas & Transcripts of Records as Certified by CHED, DepEd, TESDA, or University/College Registrar (SUCs)

6. Types of Documents Authenticated • Air Transportation Office (ATO) issued licenses • Driver’s Licenses • Professional Licenses/ Board Certificates/ Board Ratings/ Certifications • Certificate of Employment/ Trainings/ Seminars and Baptismal Certificate • Other Notarized Documents

7. Types of Documents Authenticated • Medical / AIDS Free Certificate • Court Decisions/ Resolutions/ Orders Immigration Records • DSWD Clearance • NBI Clearances • Police Clearances • Barangay Clearances • Export Documents • Phytosanitary Certificates • Foreign documents

8. No need for Malacañang Authentication Certificate As early as 02 April 2007, DFA-OCA has been directly authenticating documents coming from the issuing government agency without need for the Malacañang Authentication Certificate.

9. Partner Issuing Gov’t. Agencies • Commission on Higher Education (CHED) • Department of Education (DepEd) • Technical Education and Skills Development Authority (TESDA) • Professional Regulations Commission (PRC) • Land Transportation Office (LTO) • Air Transportation Office (ATO) • Department of Health (DOH) • National Bureau of Investigation (NBI)

10. Other Sources of documents : • Accredited Recruitment Agencies • Accredited Export Agencies • (Regular Processing) • Accredited Export Agencies • (Express Processing) • Individual Applicants (Regular Processing) • Individual Applicants (Express Processing) • Individual Applicants (thru courier)

11. PHL Authentication Statistics

12. Partner issuing gov’t. agencies

13. Individually filed & agencies

14. OFFICE OF CONSULAR AFFAIRS AUTHENTICATION DIVISION Future Enhancement: Applying The Hague Convention of 1961 (Apostille Convention)

15. OVERVIEW The Philippines (PHL) through the Department of Foreign Affairs (DFA) is now in the process of preparing the Accession of the Philippines to the Hague Convention of 1961 or “The Apostille Convention” which abolishesthe need for legalization of documents. Under the Convention, documents coming from Member Statesneed not be re-authenticated or legalized in the destination country, which is also a Member of the Convention. • Outline: • OVERVIEW • Rationale • Apostille Fundamentals • Benefits • PHL Apostille

16. RATIONALE The Apostille Convention greatly streamlines administrative formalities for individuals and business, in the course of their cross-border movements and activities that need to produce public documents abroad. The Apostille Convention is a treaty that simplifies into single formalitythe legalisation procedure of public documents which is joined by member states as a contracting party. • Outline: • OVERVIEW • RATIONALE • Apostille Fundaments • Benefits • PHL Apostille

17. RATIONALE Implementation of this reform shall likewise mean greater convenience and even more savings for the public and shorter processing time of documents. • Outline: • OVERVIEW • RATIONALE • Apostille Fundaments • Benefits • PHL Apostille

18. Authentication Chain of Philippine Documents without the Apostille Convention

19. Authentication Chain of PHL documents without Apostille Convention: lengthy, costly PARTNER GOV’T AGENCIES: CHED DEPED 1 2 PRC TESDA 2nd Certification Authority/officer/agency ( Department of Foreign Affairs) DOH ATO LTO • Prepares Authentication • Certificate 1st Certification Authority/officer/agency (All Partner Agencies) NBI 3 • Release the Public • Document with attached • Authentication Certificate • Signs Authentication • Certificate DOCUMENT READY TO BE USED ABROAD 3rd Certification Authority/officer/agency (e.g. Foreign Embassies / Consulates based in Philippines)

20. Current Verification Process (Foreign Service Posts) 4 • Verifies authenticity of signature of • Documents with DFA Main Office Philippine Foreign Mission Foreign Embassies DFA Main Office Applicants • Applicants • presents docs to the receiving state • -Receives confirmation • Receives documents from • Embassies / Applicants • Verifies authenticity of signatures of • documents with DFA Main office. • Authenticates document to be issued • to applicant • Embassies • presents docs to the receiving state • -Receives confirmation • Verifies authenticity of signature of documents • Receives Documents for Host / • Receiving State MFA / Receiving States • Accepts documents from embassies /applicants • - Request verification from DFA

21. Legalization Chain Of Documents with the Apostille Convention

22. Simplified Legalization of public documents with the Hague Apostille Convention Country of ORIGIN of Document (PHL) CHED DEPED TESDA PRC DOH SEC DOCUMENT READY TO BE USED PUBLIC DOCUMENT DTI LTO 1 NBI Country of DESTINATION of Document (Contracting Party) NSO Department of Foreign Affairs (Competent Authority) to issue, to affix, and to register Apostille Certification PCCI

23. Regional Statistics of Filipinos Abroad(as of June 2011) Source: Office of Undersecretary for Migrant Workers Affairs, DFA

24. Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • CHALLENGES Types of Documents Authenticated by the DFA: • Birth/Death/Marriage Certificate; • Certificate of No Marriage Record (CENOMAR) ; • School Records – Diplomas ; • Transcripts of Records as Certified by CHED, DepEd, TESDA, or University/College Registrar (SUCs) ;

25. Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • CHALLENGES Types of Documents Authenticated by the DFA: • Air Transportation Office (ATO)-issued licenses ; • Driver’s Licenses ; • Professional Licenses / Board Certificates ; • Board Ratings / Certifications ; • Certificate of Employment / Trainings / Seminars and Baptismal Certificate ; • Other notarized documents.

26. Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • Benefits • CHALLENGES Types of Documents Authenticated by the DFA: • Medical / AIDS-Free Certificate ; • Court Decisions / Resolutions / Orders / Immigration Records ; • DSWD Clearance ; • NBI Clearances ; • Police Clearances ; • Barangay Clearances ; • Export Documents ; • Phytosanitary Certificates ; • Foreign Documents.

27. How does an Apostille look like? Apostille Model Certificate Philippine Apostille

28. 2 EFFECTIVENESS Replacement of cumbersome process of legalization of public documents. Wider scope of document validity with one-hundred-two (102) contracting parties as of August 2011 Benefits 1 • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES EFFICIENCY Easier facilitation of Authentication of government-issued public documents.

29. 3 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES SECURITY Risk aversion of falsified documents can easily be monitored and detected. Assignment of a Competent Authority (CA) to issue, affix and register Apostille delimits falsification of documents.

30. 4 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES BUSINESS & TRADE Encourage foreign investments and trade. Global business environment thrives on fast-paced transactions, Apostilles of documents can be verified online and in real-time. Apostille brings the Philippines to a good standing in aspects of document credibility in the International scope.

31. 5 Benefits • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES Great advantage for Overseas Filipino Workers (OFWs) Streamlined process of legalisation greatly benefits OFWs in terms of convenience and lower cost. OFWs would be able to process their public documents without having to travel from agency to agency to gather certifications and transmit documents. Cost for Apostille greatly discounts the cost of travelling.

32. Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES

33. Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) • Outline: • OVERVIEW • RATIONALE • APOSTILLE FUNDAMENTALS • BENEFITS • CHALLENGES

34. MaramingSalamatpo! (Thank You!)