LEGAL /
NOTARIAL SERVICES
Consular officers of a Philippine Embassy or Consulate are
allowed to perform notarial services at their offices. Officers performing notarial
acts shall certify such acts with the form of certification being dependent upon the
nature of the acts performed.
- the administration of all oaths and affirmations provided for
by law and in all matters incident to the notarial office;
- the execution of affidavits, depositions, and other documents
requiring an oath
- receipt of proof and acknowledgment of all writings relating
to commerce and navigation
- acting as magistrate, in the writing of affidavits, and making
declarations and certifying to the truth thereof.
- authentication of documents.
Affidavit and Acknowledgment
An affidavit is a written statement taken under oath before a
notary public or magistrate. (click here for an example
of an affidavit form)
In the execution of affidavits, facts within the personal
knowledge of the affiant must be made directly, positively and fully. If the matters
stated in the affiant's affidavit rest upon information derived from others rather than on
facts within the personal knowledge of the affiant, then the affidavit must state that
such matters are true to the best of his knowledge and belief.
If an affidavit made by a Filipino before a foreign notary
public and the affidavit shall be used in the Philippines, the affidavit must be
authenticated by the Ministry of Foreign Affairs of the country where the affidavit was
notarized. The affidavit shall in turn be authenticated by Philippine consular officials.
A consular official performs the function of a notary public
and the consular section of the Philippine embassy may execute affidavits. An
acknowledgment is the act by which a person who has executed an instrument such as an
affidavit goes before a competent officer such as a consular official and declares it to
be his true and voluntary act and deed.
When a Filipino citizen who has executed an instrument
appears personally before a Philippine consular officer and makes an acknowledgment of it,
the Philippine Embassy shall execute a certificate of acknowledgement. The
Philippine citizen making the oath is required for the purpose of identification to
produce his/her valid Philippine passport. If the acknowledgement is made by foreign
notaries public or officials, it should in turn be authenticated by Philippine consular
officials. (click here for the requirements)
Authentication
When an officer (such as a notary public) in a foreign
country has performed a notarial or other official act such as an affidavit; for use in
the Philippines, the official character of the executing officer should be verified by the
consular officer of the Philippines. The consular officer shall then issue a certificate
of authentication in order to give the service legal force and effect in the Philippines.
(click here for the requirements)
For Inquiries you may write the Consular
Section at P.O. Box 2219, 103 15 Stockholm, Sweden or call
Tel. No. (46 8) 23 06 06, Monday to Friday between 9:00 a.m. - 5:00 p.m. |