Documents signed in Australia for use in the Philippines are generally notarised by an Australian notary public and then apostilled by the Department of Foreign Affairs and Trade (DFAT). Since 14 May 2019, when the Apostille Convention entered into force for the Philippines, an apostille has replaced the former system of authentication by a Philippine embassy or consulate, commonly known as the red ribbon. A document bearing an Australian apostille does not need further legalisation by the Philippine Consulate.
The legal framework
Under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a notarial act performed in Australia is authenticated for use in the Philippines by a single apostille. In Australia, apostilles are issued by DFAT. The apostille confirms the authenticity of the notary’s signature and seal; it does not verify the content of the document.
In the Philippines, notarial practice is governed by the 2004 Rules on Notarial Practice, which distinguish between an acknowledgment (where the signatory confirms that they executed the document voluntarily) and a jurat (where the signatory swears or affirms the truth of the contents). Philippine forms often contain an acknowledgment or jurat block in Philippine format. An Australian notary will attach their own notarial certificate, and the Philippine block may need to be adapted or left blank, depending on the recipient’s instructions.
Documents commonly prepared for the Philippines
- Special powers of attorney for the sale, purchase, lease or management of land and condominium units, or for dealings with banks, the Bureau of Internal Revenue and the Registry of Deeds.
- Extrajudicial settlement and waiver documents in Philippine estate matters.
- Affidavits of support, consent and guarantee, and travel clearances or consents for minors.
- Affidavits concerning identity, discrepancies in names or dates of birth, and loss of documents.
- Certified copies of passports, academic records and professional licences.
The process
- Obtain the document from the Philippine recipient. Banks, the Registry of Deeds and Philippine lawyers often require specific wording. Obtain the final draft before attending.
- Attend the notary. The notary will verify your identity, confirm that you understand the document, witness your signature and attach a notarial certificate.
- Obtain the apostille. The notarised document is lodged with DFAT using a Document Legalisation Request Form, either by appointment at an Australian Passport Office or by mail.
- Send the original to the Philippines. Philippine authorities generally require the original apostilled document.
Consular notarisation as an alternative
The Philippine Consulate-General in Australia can perform certain notarial services, including acknowledgments of special powers of attorney, for persons who attend before a consular officer. Documents notarised by a Philippine consular officer are generally accepted in the Philippines without an apostille. Which route is more convenient depends on appointment availability, the nature of the document and the recipient’s requirements.
Common issues
- Competent evidence of identity. Philippine practice expects the identity document details of the signatory to be recorded. Bring a current passport, and ensure the name on the document matches it exactly.
- Property descriptions. A special power of attorney for land should identify the property precisely, including title number, lot number and location. An imprecise description is a frequent reason for rejection by the Registry of Deeds.
- Superseded red ribbon requirements. Some older instructions still refer to the red ribbon. Since 2019 an apostille is the correct step for documents from Australia.
- Signing in advance. Do not sign before the appointment.
What to bring
- A current passport and a secondary form of identification.
- The unsigned document, including any annexures such as copies of titles or tax declarations.
- The full name, address and identification details of the attorney-in-fact being appointed.
How we can assist
Our notary public can review special powers of attorney, affidavits and other documents prepared for the Philippines, attend to notarisation and arrange the DFAT apostille. Where the matter also involves Australian property, estates or family law, the firm’s lawyers can advise on the Australian aspects.
Further information about our notarial practice is available at melbournepublicnotary.com.au.
Frequently asked questions
Do documents for the Philippines still need consulate authentication?
No. Since 14 May 2019, when the Hague Apostille Convention entered into force for the Philippines, an apostille has replaced the former authentication by the Philippine Embassy or Consulate. A document notarised in Australia and apostilled by DFAT does not need further legalisation by the Philippine Consulate.
How do I get a special power of attorney or affidavit signed in Australia ready for use in the Philippines?
Sign the document in front of an Australian notary public, who verifies your identity, witnesses your signature and attaches a notarial certificate. The notarised document is then sent to DFAT for an apostille. Bring your passport and any draft or instructions from the recipient in the Philippines, and do not sign the document before the appointment.
Can a justice of the peace witness a document for the Philippines instead of a notary?
Generally no. Authorities in the Philippines usually expect a document signed in Australia to be witnessed or certified by a notary public, because the notary’s signature and seal can be verified by DFAT. A justice of the peace’s signature is not normally apostilled or authenticated by DFAT, so a JP-witnessed document may be rejected and need to be signed again.
Notarial services at Chua Tan Associates are provided by our notary public, Kin Wee Chua. Our Melbourne office is at Level 2, 262 Queen Street. To arrange an appointment, please call +61 3 9602 3988 or email chuatan@tpg.com.au. This article provides general information only; requirements are set by the receiving country and may change, so please confirm them with the recipient of your documents.
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