MEMORANDUM CIRCULAR NO. 49
MEMORANDUM CIRCULAR NO. 49 -
PRESCRIBING GUIDELINES ON THE ISSUANCE BY THE AUTHENTICATION OFFICE,
OFFICE OF THE PRESIDENT, OF CERTIFICATION FOR THE AUTHENTICATION OF
SIGNATURES ON DOCUMENTS FOR USE IN FOREIGN COUNTRIES
The following guidelines are hereby
prescribed for the issuance by the Authentication Office, Office of the
President, of a certification authenticating the signatures on
documents to be used in foreign countries. When used in this Circular,
the term "document" shall refer to such instrument, deed or paper, with
its enclosures presented for authentication, unless the context clearly
suggests otherwise.
1.
The text of the certification shall substantially new to the following
formation:
"I,
the undersigned authentication officer, Office of the President, do
hereby certify that:
whose name appears on the
attached certificate was, at the time of signing the said certificate,
duly authorized by the laws of the Republic of the Philippines to sign
the same, and that full faith and credit are and ought to be given to
his officials acts; and I further certify that I am familiar with his
handwriting and confirm that the signature and seal affixed to the said
certificate are genuine."
2. The
Certification 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.
The Certification does not
attest to the validity, efficacy, or enforceability of the basic
document itself.
3. The
authentication officer may require the submission of an updated
signature specimen of the certifying officer, the production of such
other documents or shall take such appropriate measures necessary to
ensure the integrity of the authentication process and the
certification to be issued. Any doubt entertained by the authentication
officer as to the authenticity of the document, with its enclosures,
and/or the signature/s appearing thereon, shall be promptly referred to
his/her immediate superior.
4. No document
shall be processed for authentication unless it has been properly
certified and only upon proof of payment of the prescribed
authentication fee and other charges; Provided, however, that documents
emanating from a Philippine government agency must be made on the
official stationery and shall bear the official seal of that agency.
5. Listed
hereunder are the documents and the corresponding certifying officers:
5.1
For Public Documents:
5.1.1
Birth, death and marriage certificate — the authorized official of the
National Statistics Office (NSO), provided that the authentication
officer may require, with respect to marriage certificate of Muslims,
that the certification of the Clerk of Court of the Shariah Court of
the place where the marriage was solemnized be appended to the NSO
certification.
5.1.2 Diploma,
transcript of records and certificate of completion — the proper
official of the Department of Education (DepEd), or, in appropriate
cases the Commission on Higher Education (CHED) or Technical Education
Skills Development Authority (TESDA).
5.1.3
Certificate of Board Examination — the proper official of the
Professional Regulations Commission (PRC).
5.1.4 Land
Transportation Office (LTO) certificate — the proper LTO
official.
5.1.5 National
Bureau of Investigation (NBI) — the proper NBI official.
5.1.6 Photo or
machine copy of government contracts on official file — the records
custodian of the contracting agency.
5.1.7
Authority to import or export arms or ammunitions — the proper official
of the Philippine National Police (PNP).
5.1.8 Artist
Record Book — proper TESDA official; other overseas employment
instruments — the proper official of the Philippine Overseas Employment
Administration (POEA) or the Department of Labor and Employment.
5.1.9 Other
public documents — the proper official of the issuing agency.
5.2
For Private Documents:
5.2.1
A notarized deed or document executed in the Philippines — the Clerk of
Court of the Court which issued the notarial commission.
5.2.2 A
document executed by a Filipino in a foreign country — the proper
official of the Philippine Embassy or the nearest Consular Office.
5.2.3 Medical
certificate from a private clinic or hospital the proper official of
the Department of Health.
6.
A document executed between a Filipino and a foreign national shall
comply with authentication requirements of both the laws of the
Philippines and the laws of the country of the foreign national.
7. The
transmittal list of documents received and released for any given day
shall be prepared and furnished by the Authentication Office, Office of
the President, to the Authentication Office, Office of Consular
Services, Department of Foreign Affairs, containing the control number,
number of applicants, Official Receipt number, number of
certifications, amount paid and the name of the authentication officer.
8. In line
with the requirements of efficient and effective governance, the
Authentication Office, Office of the President, shall adopt mechanisms
to ensure that applications for authentication are attended with
dispatch on a "first come, first served" basis.
9. Memorandum
Circular No. 55, series of 1988, and all other issuances, rules and
regulations, insofar as they inconsistent with this Circular, are
hereby superseded or modified accordingly.
10. This
Memorandum Circular shall take effect immediately.
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Since 19.07.98.