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The 4 th 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. General Topics.

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

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The 4 th asia pacific regional conference the work of the hague conference

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


The 4 th asia pacific regional conference the work of the hague conference

General Topics

  • Philippine Authentication Process

  • Future Enhancement: Applying The Hague Convention of 1961 (Apostille Convention)


Executive order no 582

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;


The 4 th asia pacific regional conference the work of the hague conference

AUTHENTICATION CERTIFICATE


What do we authenticate

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)


Types of documents authenticated

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


Types of documents authenticated1

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


The 4 th asia pacific regional conference the work of the hague conference

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.


Partner issuing gov t agencies

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)


Other sources of documents

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)


Phl authentication statistics

PHL Authentication Statistics


Partner issuing gov t agencies1

Partner issuing gov’t. agencies


Individually filed agencies

Individually filed & agencies


The 4 th asia pacific regional conference the work of the hague conference

OFFICE OF CONSULAR AFFAIRS

AUTHENTICATION DIVISION

Future Enhancement:

Applying The Hague Convention

of 1961 (Apostille Convention)


The 4 th asia pacific regional conference the work of the hague conference

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


The 4 th asia pacific regional conference the work of the hague conference

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


The 4 th asia pacific regional conference the work of the hague conference

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


The 4 th asia pacific regional conference the work of the hague conference

Authentication Chain

of Philippine Documents without the

Apostille Convention


The 4 th asia pacific regional conference the work of the hague conference

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)


The 4 th asia pacific regional conference the work of the hague conference

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


The 4 th asia pacific regional conference the work of the hague conference

Legalization Chain

Of Documents

with the

Apostille Convention


The 4 th asia pacific regional conference the work of the hague conference

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


Regional statistics of filipinos abroad as of june 2011

Regional Statistics of Filipinos Abroad(as of June 2011)

Source: Office of Undersecretary for Migrant Workers Affairs, DFA


The 4 th asia pacific regional conference the work of the hague conference

  • 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) ;


The 4 th asia pacific regional conference the work of the hague conference

  • 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.


The 4 th asia pacific regional conference the work of the hague conference

  • 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.


The 4 th asia pacific regional conference the work of the hague conference

How does an Apostille look like?

Apostille Model Certificate

Philippine Apostille


The 4 th asia pacific regional conference the work of the hague conference

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.


The 4 th asia pacific regional conference the work of the hague conference

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.


The 4 th asia pacific regional conference the work of the hague conference

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.


The 4 th asia pacific regional conference the work of the hague conference

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.


The 4 th asia pacific regional conference the work of the hague conference

Future Enhancement of Authentication Service

of the Philippines:

The Hague Convention of 1961 (Apostille Convention)

  • Outline:

  • OVERVIEW

  • RATIONALE

  • APOSTILLE FUNDAMENTALS

  • BENEFITS

  • CHALLENGES


The 4 th asia pacific regional conference the work of the hague conference

Future Enhancement of Authentication Service

of the Philippines:

The Hague Convention of 1961 (Apostille Convention)

  • Outline:

  • OVERVIEW

  • RATIONALE

  • APOSTILLE FUNDAMENTALS

  • BENEFITS

  • CHALLENGES


The 4 th asia pacific regional conference the work of the hague conference

MaramingSalamatpo!

(Thank You!)


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