Notarization of Documents

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Notarization of Documents

 

BEGINNING 15 JUNE 2019, THE PHILIPPINE CONSULATE GENERAL IN NEW YORK (PCGNY) WILL NO LONGER BE AFFIXING THE RED SATIN RIBBON ON DOCUMENTS. THE GOLD ROUND SEAL OF PCGNY AND THE EYELET, HOWEVER, WILL REMAIN. THE DISCONTINUATION OF THE RED SATIN RIBBON IS IMPLEMENTED BY ALL PHILIPPINE CONSULATES GENERAL AND EMBASSIES.

 

BEGINNING 14 MAY 2019, PCGNY WILL NO LONGER BE AUTHENTICATING DOCUMENTS, PURSUANT TO THE ACCESSION OF THE PHILIPPINES TO THE HAGUE CONVENTION OF 05 OCTOBER 1961 ABOLISHING THE REQUIREMENTS OF LEGISLATION FOR FOREIGN PUBLIC DOCUMENTS (MORE COMMONLY KNOWN AS THE "THE APOSTILLE CONVENTION").

 

What is the difference between Authentication and Availing of Acknowledgement and Jurat Services?

 

Authentication allows documents to be mailed to the Philippine Consulate General in New York. Authentication has already been discontinued.

 

Acknowledgement and Jurat services, on the other hand, require the physical presence of the executor/affiant/signatory.

 

 

Why do I need to have my documents notarized at PCGNY or Apostilled?

 

If you are going to use - in the Philippines - documents that are executed, signed, or issued in the United States, these documents must either bear a consular notarization from the Philippine Consulate or an Apostille Certificate from the competent authority of the host country (e.g. United States of America), in order for the documents be accorded legal effect in the Philippines.

  

Examples of these documents are Special Powers of Attorney, General Powers of Attorney, Affidavits, Deeds, Contracts, Assignments, Letters of Patent, Articles of Incorporation, Certificates of Birth, Marriage or Death and other official documents.

 

Please be informed that official documents issued by any branch or agency of the US Government need to be Apostilled.

PCGNY could only  notarize documents executed in the personal capacity of the individual.

 

All documents presented for consular notarization must comply with the procedures and requirements set forth below to avoid unnecessary delay in the notarization. All documents presented to the host government for an Apostille Certificate, must comply with the procedures and requirements of the host government.

 

 

What is an Apostille?

 

An Apostille is a certificate that authenticates the origin of a public document. It is issued by a country that is party to the Apostille Convention to be used in another country which is also a party to the Convention.

 

Both the Philippines and the United States of America are parties to the said Convention.

 

How is the Apostille Convention relevant to Overseas Filipinos or those located here in the United States of America who wish to execute documents to be used in the Philippines? How will this be beneficial?

 

After the document has been “Apostilled,” by the competent authority of the United States of America, there is no need for the document to be authenticated by the Philippine Consulate General in New York. The said document could already be sent to and used directly in the Philippines. This equates to less processing time and less cost.

 

Who issues an Apostille Certificate?

 

In the case of the United States of America, it is the respective Offices of the Secretaries of State (or the Department of Treasury, in some cases) of the state where the document is executed, that has the competent authority to issue an Apostille.

 

Please be advised to seek the guidance of the aforementioned offices.

 

In the case of the Philippines (for documents executed in the Philippines and to be used in the United States of America, or other state-parties to the Apostille Convention), it is the Department of Foreign Affairs that issues an Apostille.

 

The Philippine Consulate General in NY is not authorized to issue an Apostille Certificate.

 

As a rule of thumb, when should I only go to the Philippine Consulate General in New York?

 

You would only need to physically present yourself at the Philippine Consulate General in New York if you wish to avail of acknowledgement or jurat services.

Example of a scenario:

  Ana lives in Toms River, New Jersey. She wants to execute a Special Power of Attorney (SPA), authorizing her brother, Mark, who is in the Philippines, to sign certain documents on her behalf. Ana has two options to ensure that her SPA will have legal effect in the Philippines:

  Option 1: Ana could go to the Philippine Consulate General in New York, and have the SPA notarized by the Consul.

  Option 2: Ana could have the SPA apostilled by the Apostille-issuing authority of the State of New Jersey, who is the New Jersey State Treasurer.

Once the SPA has been notarized by a notary public commissioned tp practice in New Jersey, Ana should then have it "apostilled."

Once the SPA has been "apostilled", Ana could already send this directly to her brother, Mark, without having to go through the Philippine Consulate General in New York anymore.

 

 What are the requirements for notarization (Acknowledgement and Jurat Services) at the Philippine Consulate General in New York?

 

 

EXAMPLES OF DOCUMENT

REQUIREMENTS

  • Affidavits
  • Special Powers-of-Attorney
  • General Powers-of-Attorney
  • Certifications
  • Contracts to Sell
  • Deeds of Donations
  • Deeds of Absolute Sale
  • Bank Forms / signature cards
  • Insurance Forms
  • SSS / GSIS forms
  • Extra-Judicial Settlement
  • NBI Clearance Application
  • J1-Visa Waivers
  • Au Pair Agreements

1.Two (2) copies of the unsigned document.

 

Document will be signed once at the Consular window.

 

2.Two (2) original Government-issued Identification Documents (IDs), showing full name, photo and signature of the applicant (Passport, Driver's license, Resident card, etc.)

 

The processor will check the name and signature on the document as against the IDs presented for consistency.

 

3. Two (2) photocopies of IDs per set of documents to be legalized. 

 

4. Processing Fee of $25.00 per copy of the document, payable in cash or money order made payable to the "Philippine Consulate General”.  Personal checks and credit cards are not accepted.

 

ADDITIONAL REQUIREMENTS:

 

For Affidavit of Support and Consent:

  • Two (2) copies of birth certificate of child;
  • Two (2) copies of child’s passport data page;
  • Two (2) copies of passport data page of accompanying adult/guardian;and
  • Original and two (2) copies of passport data page of parents. If child is illegitimate, only the mother’s passport data page is required.

 

For Affidavit of One and the Same Person:

  • Original and two copies (2) of supporting documents/IDs bearing the two different names

 

For Certification of Subsequent Marriage:

* Original and two (2) copies of Philippine Passport

* Original and 2 copies of Divorce Decree

* Original and 2 copies of Marriage Certificate (with second spouse)

* Original and 2 copies of US Permanent Resident Card (“Green Card”)

 

 

What is the processing time for notarization?

 

Monday to Friday (except Philippine and US holidays) from 9:00 am – 4:00 pm.

 

When may I receive my notarized document?

 

Applications processed between 9:00 am to 12:00 noon may be released on the same day between 4:00 pm to 5:00 pm.

 

Those processed after 12:00 noon are released the following business day between 4:00 pm-5:00 pm.

 

Should I have concerns, who should I contact?

 

Please email us at  newyorkpcg.notarials@dfa.gov.ph OR call the Legal Section at (212) 764 1330 ext. 2019.