Why does my legal document need to be acknowledged or authenticated before it can be used in the Philippines?

Any legal document – such as a Power of Attorney, Affidavit, Deed, or Birth Certificate issued in the US, etc. – must first be acknowledged or authenticated (or “Consularized”) by the Philippine Consulate before it can be used in the Philippines.

Having your document Acknowledged proves that you had appeared before a Consular Officer and personally sign the document.

A document Authenticated by the Consulate would means one that has been examined by a consular officer and determined to be authentic and duly executed, having been signed before a notary and certified by a county or state official. Authentication is also done for Birth Certificates, Marriage Certificates, Death Certificates, Court documents, or any other county- or state-issued document.

• The principals or signatories MUST be physically present at the Consulate. (If they cannot appear in person, they must follow the procedures below on authentication in 2.b.)
  
  
• They should bring the ORIGINAL(S) and ONE (1) COPY of the document(s) to be authenticated. The original(s) will be returned bearing a ribbon and raised seal of the Consulate, as well as the signature of the Consul. The copy will be kept on file at the Consulate.
  
  
• Each principal or signatory should have copies of one (1) form of identification – either a State ID or Driver License, or a valid Passport. EACH ORIGINAL DOCUMENT AND EACH COPY should have a copy of the principals’ identification attached to it.
  
  
• The document(s) must be signed before the Consular personnel on duty, obtain a claim stub, and pay the fee to the cashier.
  
  

2b. To get your document authenticated:

• Have the document(s) notarized by any local notary in your area.
  
  
• Have the official capacity of the notary certified and obtain a “Certification of Notary” by bringing or forwarding your notarized document(s) to:
  
  
• The COUNTY CLERK for notaries commissioned in Northern California;
  
• The SECRETARY OF STATE for notaries commissioned in Colorado, Idaho, Montana, Oregon, Northern Nevada, Washington State and Wyoming;
  
• The LIEUTENANT GOVERNOR for notaries commissioned in the states of Alaska and Utah.

• Bring the ORIGINALS and ONE (1) COPY of each notarized and certified document to the Consulate or mail in the originals and copies along with the necessary fees (in MONEY ORDER, CASHIER'S CHECK, or BANK DRAFT made payable to the Philippine Consulate) and a self-addressed stamped return envelope preferably with tracking and confirmation.
  
  If the sender would like their documents returned to them through another courier service – such as Fedex, UPS, DHL – they should include with the documents a prepaid and duly accomplished waybill and envelope or box of the courier service to be used.

  THE CONSULATE WILL NOT ACCEPT CASH FOR THE COSTS OF RETURN POSTAGE OR SHIPPING, AND WILL NOT PAY FOR ANY POSTAGE OR SHIPPING COSTS.

  Once the documents are mailed or sent out, they are no longer the responsibility of the Consulate; The postal or courier service must then answer for their loss or damage, if any.

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What are the fees for having a document “Consularized”?

The fee is $25.00 per document that would bear the ribbon and seal of the Consulate. Only CASH, MONEY ORDER, BANK DRAFTS or CASHIER’S CHECKS (made payable to the Philippine Consulate) are accepted.

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I need to have a county or state issued document like a Birth Certificate, Marriage Certificate, or other such document Authenticated… do I still need to have it notarized?

Such documents DO NOT need to be notarized.

• County- or State-issued documents, such as Birth Certificates, Marriage Certificates, and Death Certificates - the signing official is usually a Local Registrar, County Recorder or Health Officer;
  
  
• Police Clearances or Certifications – the signing official is the highest ranking police official whose name and rank appears on the document;
  
  
• Court orders or other such Court documents – the signing official for such documents is usually the Clerk of Court or the County Clerk - Recorder;
  
  
• Certain official school documents or Transcripts of Records – the signing official is the school’s Registrar or the officer in charge of the school’s records;
  
  
• Documents or Certifications issued by the office of the Secretary of State or Lieutenant Governor of states under the jurisdiction of the Philippine Consulate in San Francisco.
  
  
  

Try to obtain the above information from the office that issued the document. Having this information readily available before having your document(s) authenticated would prevent delays in the processing.

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5.

How long does it take to process an acknowledgement or authentication?

For documents brought to the consulate in person:

• Any document submitted before 12:00 noon will be released by 4:30 pm of the same day;
  
  
• Documents submitted after 12:00 noon will be released by 12:00 noon of the following work day.
  

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Authentication & Consulate Area of Jurisdiction

I have Certificates and/or other official documents that need to be used or presented in the Philippines, but these were not issued by a county or state office under the Consulate’s area of jurisdiction. Do they still need to be authenticated by the Consulate?

Unless specified by the requesting party or office in the Philippines where the document(s) will be used or presented, there would be no need for the document(s) to be authenticated.

If the requesting party or office requires that the ribbon and seal of the Consulate be affixed to the document, then refer to section 2.b. and section 4 for more information on how to get the document authenticated.

Otherwise, such documents shall be stamped as “SEEN” or “ORIGINAL SEEN” and have the seal of the Consulate stamped on it, to be signed by the Consul. The same fees and requirements (submitting the original documents and copies) also apply to these documents for processing.

Which states are within the jurisdiction of the Philippine Consulate in San Francisco?

States under the jurisdiction of the Consulate General of the Philippines in San Francisco are:

Alaska Colorado Idaho

Montana Northern California Northern Nevada

Utah Washington State Wyoming

Which counties in California are within the jurisdiction of the Philippine Consulate in San Francisco?

The following counties in California are under the jurisdiction of the Philippine Consulate in San Francisco:

Alameda Alpine Amador Butte Calaveras Colusa Contra Costa Del Norte El Dorado Fresno Glenn Humboldt Inyo Kings Lake Lassen

Madera Marin Mariposa Mendocino Merced Mondoc Mono Monterey Napa Nevada Placer Plumas Sacramento San Benito San Francisco San Joaquin

San Mateo Santa Clara Santa Cruz Shasta Sierra Siskiyou Solano Sonoma Stanislaus Sutter Tehama Trinity Tulare Tuolumne Yolo Yuba

Any county not listed here shall be within the jurisdiction of the Philippine Consulate in Los Angeles.

Which counties in Nevada are within the jurisdiction of the Philippine Consulate in San Francisco?

The following counties in Nevada are under the jurisdiction of the Philippine Consulate in San Francisco:

Carson Churchill Douglas Elko Esmeralda

Eureka Humboldt Lander Lyon Mineral

Pershing Storey Washoe White Pine

Any county not listed here shall be within the jurisdiction of the Philippine Consulate in Los Angeles.

What if my document is not notarized in or is not from a county or state within the San Francisco Philippine Consulate’s jurisdiction?

You will have to bring or forward the document to the Embassy or Consulate which has jurisdiction over the area where the document originated from or was notarized in.

Specific Interactions with the Philippines

I live in the US, but I need to keep my pension in the Philippines. What documents do I need to submit and how do I get it?
To obtain a Certificate of Appearance, the pensioner must appear at the Consulate and present the following:

• A valid passport and two (2) copies of the passport data page(s)
• A valid photo ID and two (2) copies of each

• Full name
• Current citizenship
• Current residential address in the USA (not a PO Box)
• Reason for executing affidavit – in this case, for the continuation of pension
• Proof of pensioner’s identity – such as a state ID or Driver License, passport, etc.

Attach copies of the pensioner’s identifications to the affidavit, then follow the procedures in item 2.b on how to get the document authenticate

I am a former Filipino and am now a naturalized American citizen. Can I still acquire and own land in the Philippines?

Yes, natural-born Filipinos who have acquired foreign citizenships can still own or acquire lands in the Philippines. Within the limits specified by law.

Article XII, Section 8, of the Philippine Constitution provides that natural-born citizens of the Philippines who have lost his or her Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 7 of the same Article entitles Filipinos to own and acquire lands through hereditary succession, i.e. by virtue of inheritance from a blood relation.

The laws on land ownership by natural-born Filipinos who have lost their Philippine citizenship are governed by Batas Pambansa Blg. 185 (BP 185), which was enacted in March 1982, and Republic Act 8179 (RA 8179), which amended the Foreign Investment Act of 1991.

BP 185 stipulates the guidelines on land ownership by former Filipinos for purposes of establishment of residence while RA 8179 (Section 10) specifies entitlements and conditions for land acquisition for investment purposes.
The following are the provisions of BP 185 and RA 7042, as amended by RA 8179, pertinent to land ownership by former Filipinos:

PARTICULARS	PROVISIONS UNDER BP 185 (Applies to acquisition of land for purposes of residence)	PROVISIONS UNDER RA 7042 AS AMENDED BY RA 8179 (Applies to acquisition of land for purposes of business or commerce)
Size/Area Coverage	Maximum of 1000 sq. meters for urban land Maximum of one (1) hectare for rural land	Maximum of 5000 sq. meters for urban land Maximum of three (3) hectares for rural land
Land Acquisition for Both Spouses	Either of the spouses may avail of this privilege In case both spouses wish to acquire lands for this purposes, the total area acquired should not exceed the maximum
Additional Land Acquisition	In case he/she already owns urban or rural lands for residential or business purposes, he/she may acquire additional urban or rural lands, which when added to those he/she presently owns shall not exceed the authorized maximum area.
Limits to Acquisition of Land	A person may acquire not more that two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines, provided that the total area of those lots do not exceed 1,000 sq. meters for urban land or one (1) hectare for rural land for use as residence. An individual who has already acquired urban land shall be disqualified from acquiring rural land and vice versa.	A person may acquire not more that two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines, provided that the total area of those lots do not exceed 5,000 sq. meters for urban land or three (3) hectares for rural land for use as residence. Under Section 4 of Rule XII of the Implementing Rules and Regulations of RA 704 as amended by RA 8179, a transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the transferee has disposed of his rural land, he may still acquire rural land and vice versa, provided that this will be used for business. A transferee of residential land acquired under Batas Pambansa Blg. 185 may still avail of the privilege granted under this law.
Use of Land	The acquired land should not be used for any purpose other than for his/her residence.	Section 5 of Rule XII specifically states that “the land should be primarily, directly and actually used in the performance or conduct of the owner’s business or commercial activities in the broad areas of agriculture, industry and services including the lease of land but excluding the buying or selling thereof.
Special Requirements	In addition to the requirements provided for in other laws for the registration of titles to lands, the transferee should submit to the Register of Deeds of the province or city where the property is located a sworn statement showing the following: Date and place of birth Names and addresses of his/her parents, his/her spouse, and children, if any; The area, location, and mode of acquisition of his/her landholdings in the Philippines, if any; His/her intention to reside permanently in the Philippines; Date he/she lost his/her Philippine citizenship and the country of which he/she is presently a citizen.	In addition to the usual registration requirements pertinent to the conveyance of real estate, the transfer contemplated shall not be recorded unless the transferee submits to the Registry of Deeds of the province or city where the land is situated, the following: Certification of business registration issued by the Bureau of Trade Regulation and Consumer Protection of the Department of Trade and Industry; Sworn statement same as that in BP 185; Certification from the assessor of the municipality or province where the property is situated that the subject land for transfer is in an urban or rural area; If an agricultural land is acquired, a certification from the Department of Agrarian Reform that the land is a retained area of the transferor and an affidavit of the transferee attesting that his total landholdings inclusive of the land to be acquired does not exceed the 5-hectare limit fixed by RA 6657 (the Comprehensive Agrarian Reform Act – CARP)

The application for land registration should be filed in triplicate with the Clerk of the Regional Trial Court of the province/city where the property is located. The following documents should be attached to the application:

1. Original plan on tracing cloth duly approved by the Director of Lands or Regional Land Director, or in lieu thereof, a true copy of the same on a tracing cloth properly attested and certified by said Office or official authorized to make such certification, together with two (2) print copies thereof;
   
   
2. Technical description, three (3) copies
   
   
3. Surveyor’s certificate, three (3) copies
   
   
4. Certificate of the assessed value of the property issued by the provincial treasurer, in quadruplicate.
   
   

1. Copies of the Deed of Absolute Sale
   
   
2. Latest real estate tax payments
   
   
3. Latest tax declaration of the property
   
   
4. Certificate from the Bureau of Internal Revenue that the capital gains tax and documentary stamps have been paid
   
   
5. Transfer tax
   
   
6. Receipt of payment of the transfer and registration fees

Do the rules and regulations on land ownership and acquisition also apply to Dual Citizens?

As provided under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties and engage in business. There is no limit in terms of area or size of land or real property he/she could acquire/purchase under his/her name. This right would now apply to former natural-born Filipinos who have re-acquired Philippine citizenship under RA 9225.

For more information on Dual Citizenship, log on to:

• www.immigration.gov.ph/dual_citizenship.php
  
• www.immigration.gov.ph/dual_citizenship_info.php

 

 

 

What documents should I get from the Consulate for shipping Human Remains to the Philippines?
For shipping casketed human remains, submit the ORIGINALS and THREE (3) COPIES of the following:

• Notarized Embalmer's Certificate, certifying that remains were embalmed under proper conditions for and is in a safe and sanitary condition for shipping;
  
• Notarized Funeral Director’s Certificate, certifying that the casket contains only the remains of the deceased and complies with shipping regulations, and should also have the following information:
  
• Last known address of the deceased in the Philippines (if available);
  
• Shipping details such as the name of the air carrier, flight numbers, date of departure from the US and date of arrival in the Philippines;
  
• Name, address, contact person, and contact information of the Consignee or receiving funeral home in the Philippines.
  
  

For shipping cremated human remains, submit the ORIGINALS and THREE (3) COPIES of the following:

• Notarized Funeral Director's Certificate, certifying the urn contains only the remains of the deceased, and should also include the following information:
  
• Last known address of the deceased in the Philippines (if available);
  
• If the urn will be hand-carried to the Philippines – provide the name/s of the person/s hand-carrying the urn, as well as their flight itinerary, and their contact information and address in the Philippines;
  
• If the urn will be shipped to the Philippines – provide the name of the shipping or courier service to be used, the name, contact information and address of who and where the urn will be shipped to, date of departure from the US and at least an estimated date of arrival in the Philippines.
  

In addition to the above requirements, submit also the ORIGINALS and THREE (3) COPIES of the following for both shipments of either casketed or cremated human remains:

• Certified Copy of the Certificate of Death;
  
• Disposition Permit for the transit of human remains to the Philippines – this can be obtained from the local health department of the county where the death was recorded;
  
• Letter Certification from the local Department of Health where the death was recorded, stating that the cause of death was not due to a contagious or communicable disease;
  
• Current Passport of the deceased - only four (4) copies of the Passport data page/s needs to be submitted, not the actual passport.
  

The total fees for the processing of the above documents would be $85.00

• $25.00 for the Report of Death
  
• $60.00 for the Inspection and Sealing of the remains
  

Payments may be made in cash, Money Order, Cashier's Check or Bank Draft made payable to the Philippine Consulate. The Consulate no longer accepts company checks.

Additional information on shipments of casketed remains:

• shipping arrangements must be finalized by the handling mortuary before submitting the documents to Consulate,
  
• all documentary requirements must be submitted or mailed to the Consulate at least two or three days before departure of the shipment from the US to the Philippines,
  
• the mortuary handling the shipment must provide an additional $50.00 (cash or money order made payable to cash) to cover transportation and commute expenses of the personnel performing the inspection and the sealing.
  
• The handling mortuary should contact the air carrier and make the necessary arrangements for bringing the casket to the cargo hold on the departure date.
  
• Mortuaries handling shipments from states outside of California within the jurisdiction of the Consulate in San Francisco must make arrangements for the casket to go through San Francisco International for inspection and sealing before being shipped to the Philippines.
  
• Inspection and sealing of casketed remains are done in the cargo hold premises of the air carrier and may be done only after the Consulate’s normal office hours from Monday to Friday, at least three or four hours before the departure, or on the night before the departure of flights leaving before 6:00 pm.
  
• Inspections and sealing are not done on weekends or on Philippine or US holidays, but – depending on the availability of personnel for that time – exceptions to the above rules can be made for certain circumstances and situations.
  

Additional information for shipments of cremated remains:

• shipping arrangements or flights must be finalized before submitting the documents to the Consulate;
  
• a square or rectangular container or box must also be provided if the urn is of cylindrical or irregular shape;
  
• and all documentary requirements and the urn must be brought to the Consulate, and must be left for at least one (1) day to allow ample time to process the papers and for inspection and sealing of the urn.
  
• If the urn will come from an area outside of California and will be mailed or shipped to the Consulate, prepaid means and appropriate packaging for return shipping to the mortuary or family (preferably with confirmation and tracking) must also be provided.

THE CONSULATE WILL NOT ACCEPT CASH OR ADDITIONAL PAYMENT FOR THE COSTS OF RETURN SHIPPING AND WILL NOT PAY FOR ANY SHIPPING COSTS.

If I have any more questions regarding any of the above matters, who can I contact at the Consulate?

Contact the Legal Section of the Consulate at 415 433 6666, from Mondays to Fridays (except on US and Philippine Holidays), between 9:00 am and 5:00 pm. You may also fax in your inquiries through 415 421 2641.