MEMORANDUM CIRCULAR NO. 55
MEMORANDUM CIRCULAR NO. 55 -
PRESCRIBING GUIDELINES ON THE ISSUANCE OF AUTHENTICATION BY THE
AUTHENTICATION UNIT, LEGAL OFFICE, OFFICE OF THE PRESIDENT FOR USE IN
FOREIGN COUNTRIES
The following guidelines are hereby
prescribed for the issuance by the Authentication Unit, Legal Office,
(AULO) Office of the President, of certification to the genuineness of
signatures on documents to be used in foreign
countries.
1.
The text of the AULO authentication shall read as follows:
"I,
the undersigned authentication officer, Office of the President, do
hereby certify that: whose name appears signed to the attached
certificate, was at the time of signing the said certificate, duly
authorized by the laws of the Philippines to sign the same, and that
full faith and credit are and ought to be given to his official acts;
and I further certify that I am familiar with his handwriting and
verily believe the signature and seal affixed to the said certificate
are genuine.
"IN WITNESS WHEREOF, I have
hereunto set my hand, at Manila, Philippines, this ____________ day
_____________ of 19___."
2. The AULO
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.
3. The AULO
certification does not per se authenticate the
validity/efficacy/enforceability of the basic document itself. However,
the Authentication Officer, Office of the President, is a lawyer and,
as such, 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.
4. If the
Authentication Officer, Office of the President, cannot issue a
certification on the ground that the basic document involves an illegal
enterprise, the matter shall be formally elevated to the Assistant
Executive Secretary for Legal Affairs for final
decision.
5. The basic
document must be properly certified (authenticated) before its
submission to the AULO, Office of the President, as follows:
5.1
For Public Document:
5.1.1
Birth, death or marriage certificate shall first be certified by the
authorized official of the National Statistic Office, Manila.
5.1.2 Diploma
or other school records shall first be certified by the proper signing
official of the Department of Education, Culture and Sports.
5.1.3
Certificate of Board Examination shall first be certified by the proper
official of the Professional Regulations Commission.
5.1.4 Medical
certificate from a private clinic must first be certified by the
Department of Health, Certification regarding AIDS, if required by a
foreign country, shall be valid only for 6 months.
5.1.5 Land
Transportation Commission certificate shall first be certified by its
proper signing official.
5.1.6 National
Bureau of Investigation clearances shall first be certified by its
proper signing official. The clearance expires after six (6) months and
shall be renewed, if need be.
5.1.7 Contract
involving the Philippine Government or any of its
office/agency/instrumentality shall be certified by the Department head
or official concerned, acknowledged before a notary public and
certified by the Clerk of Court of the city or municipality where
either of the parties resides or where they transact business. The
inter-agency approval of the basic document must be attached to the
basic document.
5.1.8 Marriage
certificate of Muslim residents shall be certified by the Administrator
of the Manila Golden Mosque, Cultural Center, Quiapo, Manila.
5.1.9 If the
document involves a private corporation and a government official in
the Office of the President acting in his official capacity,
certification from the Malacañang Records Office on such
capacity shall be submitted. In the absence thereof, appropriate
clearance from the Office of the Executive Secretary shall be secured.
If such government official acted in his private capacity, he shall
submit a written statement to that effect.
5.2
For Private Document:
5.2.1
Document executed by Filipino individuals in their private capacity
shall be notarized and certified by the Clerk of Court of the city or
municipality where the document was executed or where either of the
parties resides.
5.2.2 Document
executed by Filipinos abroad shall first be authenticated by the
Philippine Embassy or Consulate where they reside or where the
transaction took place.
5.2.3 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 party. The AULO, Office of the
President, shall accord full credence to the authentication by the
proper foreign embassy/consulate.
5.2.4 Contract
executed by foreigners in the Philippines shall first be authenticated
by the proper foreign Embassy or Consulate. Authentication by the AULO,
Office of the President, is not needed for a basic document executed by
foreigners in a foreign country.
5.2.5 If the
document is executed by a private corporation or other private entity,
the registration and license to operate as such from the Securities and
Exchange Commission or the appropriate regulatory agency shall be
presented for examination. If the document involves commerce or
industry, or import and export of goods, the same shall be supported by
appropriate authorization from the officials of the inter-agency
concerned with the basic document.
5.2.6 If the
document involves labor and employment, proper accreditation with the
Philippine Overseas Employment Administration or Department of Labor
shall first be secured.
5.2.7 If the
document involves importation/exportation of arms or ammunitions,
clearance from the Department of National Defense and/or the Chief of
Staff of the Armed Forces of the Philippines shall first be obtained.
6. Upon
receipt of a matter submitted for certification, the AULO, Office of
the President, shall observe/cause compliance with the following:
6.1
The basic document and supporting papers shall be examined for
compliance with requirements. Documents emanating from a Philippine
government agency must be made on the official stationery and bear the
official seal of that agency.
6.2 The
interested party shall be issued a Payment Order Slip indicating
therein his/her name, number of documents to be certified, the amount
to be paid therefor and the control number of each document.
6.3 The
interested party shall pay an authentication fee of Ten (10) Pesos per
document to the Cashier, and the Official Receipt therefor shall be
attached to the basic document.
6.4 The
documents shall be recorded in two transmittal lists, one for
individual applicants and another for recruitment agencies, stating the
number of documents, control number, O.R. number, name of the
authentication officer, time of receipt of the document in the morning
(red) or afternoon (blue).
6.5 The
document shall be verified as to genuineness of signatures, documentary
stamps and signing authority. Thereafter, the corresponding blue sheet
(certification form) shall be attached to the document.
6.6 The blue
sheet shall be filed-up with the name of the interested party, the O.R.
number, the name of the verifier and the date of preparation.
Thereafter, the blue sheet and the document subject matter thereof
shall be given to the Recorder and then presented to the authentication
officer. The Recorder shall record the control number, document number
and blue sheet number. No documentary stamp shall be affixed to the
blue sheet.
6.7 The blue
sheets (certifications), as duly signed by the authentication officer,
shall be released by the releasing officer in the sequential order of
numbering to the duly authorized and identified interested parties.
7. A
transmittal list of documents received and released for any given day
shall be prepared and furnished by the AULO, Office of the President,
to the Authentication Office, Office of Consular Services, Department
of Foreign Affairs, containing the control number, number of applicant,
O.R. number, number of blue sheets (certifications), amount paid and
the name of the authentication officer.
8. Any
recruiting agency, medical clinic, business firm or similar party that
regularly submits documents for authentication of the signatures
thereon shall accredit themselves with the AULO, Office of the
President. For this purpose, they shall among others submit the
following:
8.1
Certified true copy of party's License to operate business from POEA,
SEC. Mayor's Office, Bureau of Export Trade, DTI, etc.;
8.2 Certified
True Copy of party's Business Name;
8.3 Letter of
Authority for its representative and/or liaison officer;
8.4 Two
pictures of party's authorized representative, one (2 x 2) and one (1 x
1);
8.5 Two (2)
copies of covering transmittal letter from party listing the documents
whereon appear the signatures to be authenticated; and
8.6 One (1)
new thick folder.
9. The
Guidelines issued by this Office on January 5, 1988, and all orders,
rules and regulations in conflict or inconsistent with this Memorandum
Circular are hereby repealed or modified accordingly.
10. This
Memorandum Circular shall take effect immediately.
Manila, March 30, 1988.
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