What is the Difference Between Apostille and Notary in the Philippines? When dealing with legal documents in the Philippines, you might encounter the terms “notary” and “apostille.” Understanding the distinction between these two processes is crucial, especially when your documents need to be recognized both locally and internationally. This article will explain the differences between a notary and an apostille in the Philippines, their specific purposes, and when you might need each service.
What is a Notary?
A notary, or notary public, is an individual authorized by the government to perform certain legal formalities, primarily witnessing the signing of documents and administering oaths. The main role of a notary is to ensure that the signatures on a document are legitimate and that the individuals signing the document have done so willingly and under their own volition.
- Verification of Identity: A notary confirms the identity of the individuals signing the document.
- Witnessing Signatures: The notary witnesses the signing of the document to ensure it is done correctly.
- Administering Oaths: The notary can administer oaths and affirmations.
- Preventing Fraud: By verifying the identity of signatories and ensuring the document is signed willingly, a notary helps prevent fraud.
What is an Apostille?
An apostille is a certification provided under the Hague Apostille Convention, which authenticates the legality of a document for use in foreign countries that are also signatories to the convention. The Philippines became a party to the Apostille Convention on May 14, 2019. An apostille certifies the authenticity of the signature, the capacity in which the person signing the document acted, and, where appropriate, the identity of the seal or stamp which the document bears.
- International Legality: An apostille certifies that a document is legally valid in other countries that are parties to the Apostille Convention.
- Certification of Public Documents: Apostilles are typically used for documents such as birth certificates, court orders, or any other public documents issued by a government authority.
- Streamlining International Transactions: By providing a standardized form of certification, apostilles simplify the process of document verification between countries.
What is the Difference Between Apostille and Notary in the Philippines?
Scope of Use
- Notary: Primarily used for domestic purposes within the Philippines to verify the legitimacy of documents and signatures.
- Apostille: Used for international purposes to certify the legal validity of a document in other countries that recognize the Apostille Convention.
Authority
- Notary: Performed by a notary public, an individual authorized by the Philippine government.
- Apostille: Issued by the Department of Foreign Affairs (DFA) in the Philippines.
Purpose
- Notary: Ensures the signatories of a document are who they claim to be and that the document was signed voluntarily.
- Apostille: Confirms the authenticity of the document, making it acceptable in foreign jurisdictions.
Type of Documents
- Notary: Applies to a wide range of documents, including affidavits, contracts, and deeds.
- Apostille: Typically applies to public documents such as birth certificates, marriage licenses, and court orders.
When Do You Need a Notary?
You will need a notary in the following scenarios:
- When signing legal documents such as affidavits, contracts, and deeds.
- When you need to ensure that the signatures on a document are valid and verified.
- When a document needs to be legally recognized within the Philippines.
When Do You Need an Apostille?
You will need an apostille in the following scenarios:
- When a document needs to be recognized in another country that is a party to the Apostille Convention.
- When you are dealing with international transactions that require verified public documents.
- When you need to prove the authenticity of a document to a foreign authority. https://dfapassportappointment.org/dfa-apostille-online-appointment/
FAQs About Apostille and Notary
Q 1: Can a notary also issue an apostille?
Ans: No, in the Philippines, an apostille can only be issued by the Department of Foreign Affairs (DFA).
Q 2. How long does it take to get an apostille in the Philippines?
Ans: The processing time for an apostille can vary, but it typically takes a few days to a week, depending on the DFA’s current workload and the complexity of the documents.
Q 3: Is an apostille required for all international documents?
Ans: No, an apostille is only required for documents that need to be recognized in countries that are parties to the Apostille Convention.
Conclusion
While both notary and apostille services play crucial roles in validating documents, they serve different purposes. A notary ensures that documents are legally binding and the signatures are genuine within the Philippines. An apostille, on the other hand, is used to certify the international legality of a document, making it recognized in other countries that are part of the Apostille Convention. Understanding these differences ensures that your documents are appropriately prepared and accepted, whether for local or international use.
