Signing a Document Abroad for Use in the Philippines

Why a Document From Abroad Needs Extra Proof

A Philippine office, bank or Registry of Deeds cannot check whether a foreign notary's signature and seal are real. So it asks for one of two things:

• an apostille, a certificate from the foreign country's apostille office confirming the signature and seal on a public document; or
• help from the Philippine embassy or consulate: either you sign the document in front of a Philippine consul, or the embassy certifies (authenticates) a foreign document.

Papers issued in the Philippines for use abroad follow the reverse path, through the Department of Foreign Affairs. See apostille.

Since 14 May 2019: The Apostille Convention

The Hague Apostille Convention took effect for the Philippines on 14 May 2019. The DFA's advisory says that documents issued in other member countries no longer have to be authenticated by the Philippine Embassy or Consulate General once they have an apostille.

So if you are in a member country, the usual steps for a document you sign there are:

1. sign it before a local notary in that country;
2. get an apostille from that country's apostille office (often a foreign ministry, a court or a state office, depending on the country);
3. send the original, with the apostille attached, to the Philippines.

The Hague Conference keeps the official list of member countries. A few countries objected to the Philippines joining when it took effect, and for those the embassies said legalization (certification by the embassy) was still needed, so check with your Philippine embassy or consulate if you are unsure.

If the Country Is Not a Member

DFA posts (embassies and consulates) say the old process still applies in countries that are not members. A document notarized or issued there is certified by the Philippine embassy or consulate that covers that area before it is used in the Philippines. Ask that embassy or consulate for its current steps and fees.

Signing Before a Philippine Consul

Wherever you are, you can usually sign the document at a Philippine embassy or consulate instead. The consular officer acts as a notary for documents meant for use in the Philippines: an acknowledgment (confirming before the officer that you signed it) for a deed or a Special Power of Attorney (SPA), and a jurat (swearing to it before the officer) for an affidavit. DFA posts say they still do both, whether or not the country is a member of the Apostille Convention. A document done this way needs no apostille.

Each embassy or consulate sets its own rules, but they commonly ask that:

• you appear in person;
• you bring the document unsigned, and sign in front of the consular officer;
• you bring your valid Philippine passport (original and copy), and, for dual citizens, your RA 9225 papers (your dual citizenship documents);
• you pay the embassy or consulate's fee.

Check your embassy or consulate's website before you go, since many require an appointment.

How an OFW Signs an SPA Abroad

A Special Power of Attorney lets someone in the Philippines act for you: sell or manage property, claim documents, or deal with a bank. From abroad you have two routes:

Some Philippine offices have their own rules for SPAs from abroad, such as a particular format or a recent date. Ask the bank, Registry of Deeds or agency where your attorney-in-fact (the person you authorize) will use it before you sign. You can start from our Special Power of Attorney template.