Apostille or Legalisation for the Philippines From Australia

A document signed in Australia for the Philippines can take one of two routes. You sign before a Philippine consular officer, or before an Australian notary and then obtain a DFAT apostille. As of our last check, the Philippines has been an apostille country since 14 May 2019. Check the HCCH status table on the day.

Key takeaways

• The "red ribbon" is gone for Convention documents. An Australian apostille replaced it in 2019.
• Route one is a Philippine consular act, which never goes to DFAT. Route two is an Australian notary, then a DFAT apostille.
• Philippine posts in Australia say they cannot issue apostilles. Only DFAT does that for Australian documents.
• A special power of attorney witnessed by a Justice of the Peace will not get an apostille.
• Australian birth, marriage and divorce certificates usually need neither route; they go to DFAT directly.

Is the Philippines a Hague Apostille country?

Yes, on our last check. The HCCH status table records the Philippines' accession on 12 September 2018, with the Convention in force from 14 May 2019. Several European states objected to the accession, and some later withdrew their objections. Australia did not object. Look at the table again the day you start.

An apostille is a certificate issued by the Department of Foreign Affairs and Trade (DFAT). It confirms the signature and seal on an Australian public document, or on a notary's certificate. It does not confirm that the contents are true. For the background, see how the Hague Apostille Convention works.

Route 1: signing before a Philippine consular officer

The Philippine Embassy in Canberra says documents that must be signed before a consular official may be notarised by the embassy or a consulate. The result is a Philippine consular act. It carries an acknowledgment or jurat and the post's seal. It does not go to DFAT, because it is not an Australian document.

When we last checked, the embassy asked for three things:

• Personal appearance of every signatory. The embassy stated this in capitals.
• The original document and a photocopy.
• Original photo identification bearing your signature, and a photocopy.

Do not sign in advance. Bring the document unsigned and sign in front of the officer. Check the post's current requirements and appointment rules before you travel.

Route 2: an Australian notary, then a DFAT apostille

The embassy's alternative is for the original document to be notarised by an Australian notary public. It then goes to DFAT for an apostille. The Philippine posts in Australia state that they are not authorised to issue apostilles, so this route does not involve them at all.

The notary route, in order:

1. Prepare the document unsigned, usually from a template supplied by the Philippine lawyer or office.
2. Sign before the Australian notary, with original photo identification that matches the name in the document.
3. Send the notarised original to DFAT for an apostille on the notary's signature and seal.
4. Courier the original to the Philippines. A scan or copy is not the apostilled document.

The notary checks your identity and that you understand the document and sign freely. The notary then attaches a notarial certificate and seal. DFAT's apostille confirms the notary's signature and seal, not what the document says. See document notarisation.

The embassy adds a warning worth repeating. A notary public is not the same as a Justice of the Peace. Only documents notarised by a notary public are accepted by DFAT for an apostille. A special power of attorney witnessed by a JP will not get one.

Which route should you choose?

Both should produce a document the Philippines accepts. People routinely pay for the wrong one, so settle these points first:

• Where you are. Consular notarisation means attending a Philippine post in person. If that is a flight away, an Australian notary nearer to you and DFAT may be simpler.
• Who else must sign. Every signatory must appear for consular notarisation. If signatories live in different cities, separate notarial acts in Australia may be easier.
• What the receiving office prefers. A Registry of Deeds, bank, court or lawyer in the Philippines may have a preference, or its own form. Ask before booking either.
• Whether the document is public. A registry certificate needs neither route. DFAT can generally apostille it directly.

What is a special power of attorney for the Philippines?

In the Philippines, a special power of attorney (SPA) authorises someone to do particular acts on your behalf. Common uses are selling or leasing land, dealing with a bank, collecting documents, or handling a tax matter. A Philippine lawyer or the receiving office often supplies the template.

Philippine templates usually end with an acknowledgment clause written for a Philippine notary. An Australian notary does not simply sign that clause. The notary attaches an Australian notarial certificate that records what was done. Tell the Philippine side this in advance, so the registry is not surprised by a different format.

Check that the names, addresses and property descriptions match the Philippine records exactly. A title number or tax declaration number with one wrong digit can stop a registration. The notary cannot fix that; only the drafter can. On whether the SPA is valid for the purpose, ask a lawyer in the Philippines. See powers of attorney and declarations.

Which documents usually go to the Philippines?

Document	Typical use	Australian route
Special power of attorney	Land, banking, family matters	Consular act, or notary then DFAT apostille
Birth or marriage certificate	PSA records, marriage, dual citizenship	Registry certificate to DFAT for an apostille
Divorce order	Recognition of a foreign divorce	Court document to DFAT; ask a Philippine lawyer
Degree and transcript	Employment, professional licensing	University verification, then DFAT apostille
Affidavit	Court, registry or bank matters	Consular jurat, or notary then DFAT apostille

For a degree or transcript, DFAT apostilles the original once the university has verified it. A notarised copy must state that the original was verified with the institution. A plain true copy certificate is not enough. DFAT's page on documents it can legalise sets out the list.

What do you need to marry in the Philippines?

A Philippine local civil registrar asks a foreign national for a certificate of legal capacity to contract marriage. For Australians, the Australian Embassy in Manila issues a Certificate of No Impediment to Marriage, which it describes as the equivalent. When we last checked, the embassy made these points:

• Contact the marrying authority first. The court, church or municipal office has the complete list. Get it before booking a CNI appointment.
• Timing matters. The embassy has said the Philippine Government normally will not accept a CNI issued too long before the marriage. Check the current window with the embassy.
• Philippines only. A CNI issued in Manila is valid only for a marriage in the Philippines.
• Supporting documents from Australia. The registry may ask for your birth certificate, divorce certificate, or a former spouse's death certificate. Order them and have DFAT apostille them before you travel.

None of this needs an Australian notary. It needs the right originals, apostilled where asked, and timing that fits the embassy's window.

What if you are already in the Philippines?

The Australian Embassy in Manila has said it can authenticate or apostille original Australian public documents, such as registry certificates. It has also said it cannot legalise documents certified by a Justice of the Peace. It certifies copies and witnesses signatures only on Australian documents, or on documents for use in Australia. It will not notarise a power of attorney for use in the Philippines; for that, a Philippine notary is the local option. If you are overseas and need an Australian document apostilled, see getting an Australian apostille from overseas.

Does anything need translating?

Usually not. English is an official language of the Philippines, and Australian documents are not normally translated for Philippine use. If a particular office wants a Filipino translation, it will say so. Ask the receiving body before you pay for one.

Coming the other way

A Philippine document for use in Australia is apostilled in the Philippines, by its Department of Foreign Affairs. DFAT cannot apostille it. The Philippine Embassy has noted that Philippine documents bearing an apostille are no longer authenticated by the Australian Embassy. For Home Affairs, a certified copy by an authorised person is often enough. If you need copies of Philippine documents you hold here, see notarising Philippine documents in Australia.

Do the names match the Philippine records?

Philippine civil records held by the Philippine Statistics Authority (PSA) often show a middle name taken from the mother's maiden surname. Australian certificates usually do not. A married woman may also appear under a different surname in each country.

Compare the names on your passport, your Australian certificates and the Philippine records before anything is signed. If they differ, ask the receiving office how it wants the difference explained. That is often an affidavit of one and the same person, signed before a notary or a consular officer. See what to do about name mismatches.

What does not work?

• A JP-witnessed special power of attorney. DFAT will not apostille it.
• Asking a Philippine post in Australia for an apostille. They are not authorised to issue one.
• Signing before the appointment. Sign in front of the consular officer or the notary.
• Laminated certificates. DFAT refuses laminated or altered documents. Order a fresh copy.
• Chasing a red ribbon. For Convention documents it no longer exists.

Here is an illustration, not a real case

A couple in Darwin want their niece in Cebu to sell a lot they own. Their lawyer sends an SPA template. The nearest Philippine post is a flight away, and both spouses must sign. They sign before an Australian notary in Darwin, who attaches a notarial certificate. DFAT apostilles it, and they courier the original to Cebu. Their lawyer tells the Registry of Deeds to expect an Australian certificate instead of a Philippine acknowledgment.

In short

For the Philippines, choose between a Philippine consular act and an Australian notary with a DFAT apostille. Registry certificates usually need neither and go to DFAT directly. The red ribbon has gone, and a JP is not an option. More on the Australian steps is at apostille and authentication.

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Sending documents to the Philippines? Send us what the Philippine office asked for, and we will explain each step before you book.