Five years ago, the Philippines became a party to the 1961 Apostille Convention, and since then, the apostille has replaced the old authentication certificate (i.e., “red ribbon”) as a proof of document authentication by a government authority, except for documents for use in countries still not part of the convention and those that objected to the Philippine accession (e.g., Finland and Germany).
Now, the Philippine Apostille applies to the same types of public documents (e.g., PSA certificates, school documents, clearances, etc.) that were subject to authentication by the Department of Foreign Affairs (DFA) prior to the effectivity of the accession. Private documents or those executed by the applicants in their private capacity (e.g., affidavit, SPAs, etc.) can be authenticated only if they have been notarized and subsequently issued a Certificate of Authority for a Notarial Act (CANA) by the supervising Regional Trial Court.
Although countries not party to the convention still require an additional layer of authentication, i.e., embassy legalization or attestation, the DFA may also issue an apostille for the purpose, if required. It is thus recommended to contact the country’s respective embassy or consulate for the specific requirements and process.
What is an ‘apostille’?
An apostille is a certificate that verifies and authenticates the origin of a public document, the signature and seal of the public official or authority thereon, and the capacity in which this was done, but not its content.
The word “apostille” is of French origin. It comes from the French verb “apostiller,” which derives from the old French word “postille” meaning “annotation,” and before it, the Latin word “postilla,” a variation of the word “postea,” which means “thereafter, afterwards, next.” Thus, an apostille consists of an annotation on the margin or at the end of a document.
It is exclusively issued by and used for any country that is party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, or simply known as the Apostille Convention. The purpose of the convention is to facilitate the use of public documents abroad and to abolish the requirement of legalization by replacing it with a single formality: the issuance of an authentication certificate – called an “apostille” – by an authority designated by the state of origin – called the “Competent Authority.”
Because an apostille is new to the document processing system, like in the Philippines, there are still many questions surrounding its requirement. Now, let’s start with the document expiration and validity.
Does an apostille expire?
Generally, document validity depends on the type and certification. For instance, an original PSA birth certificate has unlimited validity, whereas many clearances are valid for six (6) months to one (1) year. As a rule of thumb, certified true copies (CTCs) last as long as they are original. Before the accession of the Philippines to the convention, the DFA authentication certificate (“red ribbon”) had a five (5) -year validity.
Now, an actual apostille (i.e., the certificate) bears a date of issuance, but not an expiration date, so technically, it does not expire. When it is issued for and attached to a document, it should always be valid for use abroad in countries that are party to the Apostille Convention.
Based on the Apostille Handbook: A Handbook on the Principal Operation of the Apostille Convention, “the effect of an apostille does not expire. The convention does not place any time limitation on the effect of an apostille. A validly issued apostille therefore has effect for as long as it is identifiable and remains attached to the underlying public document. Accordingly, an apostille may not be rejected solely on the basis of its age. However, this does not prevent authorities in the state of destination, on the basis of their domestic law, from establishing time limits on the acceptance of the underlying public document (e.g., requesting that a criminal record be executed within a certain maximum time period before production) (3 The (Limited) Effect of an Apostille)”
What are the factors to consider when re-applying for the latest apostille?
Although an apostille does not expire, there are still factors or situations to consider why a newly issued or latest apostille certificate may just be necessary:
- Records of Facts. There are many public documents that are considered as records of facts and do not change. These include civil register documents, e.g., birth, marriage, and death certificates, and academic records. While they do not change over a duration of time, requesting newer versions of these documents and/or more recent apostilles is logically unnecessary.
- Old Documents. Based on the Apostille Handbook, the age of documents does not deprive them of their public nature, unless otherwise provided under the domestic law of the origin state.
- Old Apostilles. As the effect of an apostille does not expire, an apostille may not be rejected solely on the basis of its age. However, this does not prevent the authorities in another state state from rejecting the underlying public document on the basis of its domestic law because of its age.
- Requestor’s Preferences. Some private institutions, organizations, or employers abroad may just request an apostille issued within a specific period of time based solely on their preferences. For instance, a potential employer may request documents with apostille certificates issued within three (3) or six (6) months. In the absence of a domestic law or regulations on this, the request can be valid and legal.
- Bureaucratic Government Agencies. Many international government offices are bureaucratic in nature and may still insist on apostilles on all documents to be less than three (3) or six (6) months old. While it may be nearly impossible to change the operating procedures of these government offices and organizations, the simple and hassle-free solution is just to obtain new apostilles.
- Documents with Validity Periods. There are certain documents that must be recently issued or that come with validity periods and therefore, should bear newly issued apostille certificates. These may include criminal record checks (e.g., NBI clearance comes with one (1)-year validity), certificates of impediments (i.e., which relate to the couples getting married), travel documents, provisional court orders, and others as may be determined by the rules and regulations set up by the origin state or the state accepting the documents. The Apostille Handbook, however, clarifies that the expiration of a validity period, although may terminate the effect of the public document in the origin state, does not ordinarily deprive the document of its public nature, unless otherwise provided for under the law. As long as the expired document is still a public document, it may still be apostilled.
- Changing Circumstances. People’s circumstances change over time, so requesting recent versions of these documents with an apostille is likely and understandable. It is also common that these documents will be rejected if they are over (six) 6 or (twelve) 12 months old. For instance, affidavits usually do not have expiry dates, but over time, their factual veracity can be questioned, especially if new evidence or circumstances that contradict statements surface.
- e-Apostilles. While apostilles do not have expiry dates, e-apostilles continue to be valid even after the digital certificate of the person signing the e-apostille expires, provided that the digital certificate was valid when the e-apostille was issued. In this regard, it is important that Competent Authorities take into account when selecting and using digital certificates to issue e-apostilles, noting the availability of long-term signatures that remain valid beyond the expiry of the digital credential.
Other Questions on the Limited Effects of an Apostille
As particularly covered in the handbook, an apostille has limited effects. It is not a one-size-fits-all document authentication. Here are additional frequently asked questions (FAQs) and answers on the limited effects of an apostille:
- Is an apostille universally required and accepted? Technically, the Apostille Convention does not “require” a foreign public document to be apostilled before being produced in the destination state. Any such requirement is a matter for the domestic law of the destination state. In fact, it does not create a requirement, where (a) the domestic law of the destination state has eliminated, limited, or further simplified the authentication requirement, (b) the domestic law of the destination state does not impose any authentication requirement, or (c) an applicable treaty, convention, agreement, or other similar instrument has eliminated, limited, or further simplified such a requirement. Also, non-apostille states usually require embassy legalization as an additional layer of authentication.
- What does an apostille authenticate? An apostille only authenticates the origin of the underlying public document by certifying the authenticity of the signature on the document, the capacity in which the person signing the document acted, and where appropriate, the identity of the seal or stamp which the document bears.
- Does an apostille certify document content? An apostille does not certify nor relate in any way to the content of the underlying public document. While the public nature of the document itself may imply that its content is true and correct, an apostille does not enhance, or add any legal significance to, the legal effect that the signature and seal would produce without an apostille.
- Does an apostille certify document compliance with all legal requirements? An apostille does not certify that all requirements of domestic law for proper execution of the underlying public document are met. It does not certify that a public document was executed in accordance with all requirements of domestic law. It is for domestic law to determine whether defects invalidate the public nature of a document and to what degree a Competent Authority is responsible for scrutinizing documents for such defects.
- Does an apostille affect the acceptance, admissibility, or probative value of the document? The Apostille Convention does not affect the right of the destination state to determine the acceptance, admissibility and probative value of foreign public documents. In particular, the authorities in the destination state may determine whether a document has been forged or altered, or whether it has been validly executed. They may also establish time limits on the acceptance of foreign public documents (e.g., the document must be produced within a certain period of time after its execution), even though such limits cannot be imposed on the acceptance of the apostille itself.
Final Thoughts
The accession of the Philippines to the Apostille Convention has paved the way for a streamlined process of authenticating documents for use in other countries by abolishing the embassy legalization or attestation process and replacing it with a single formality – the issuance of a certificate called an “apostille,” however with exceptions.
As comprehensively discussed, an apostille does not have any expiration. The convention itself does not place any time limitation on the effect of an apostille, and it may not be rejected solely on the basis of its age. However, certain circumstances may require a latest apostille as determined by the requesting party, or particularly, the prevailing domestic laws of the destination state. Before securing a latest apostille and spending double on fees, time, and effort, it is imperative to double check if such is really necessary based on the actual agency requirements and the existing laws and regulations.
Apart from the document validity, there are other equally important questions on the limitations of an apostille. As elucidated in the Apostille Handbook, an apostille only authenticates the origin of the document by certifying the authenticity of the signature, capacity of the signatory, and identity of the attached seal or stamp. It does not authenticate the document content itself nor its compliance with all legal requirements of the domestic law. Equally, it does not affect the acceptance, admissibility, or probative value of the underlying document.
… and you might just need our assistance.
Need further information and assistance in processing an apostille for your Philippine documents? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+63) 917 149 2337 or send an email to info@filedocsphil.com for more information.