Question & AnswerQ&A (Act No. 2103)
The main purpose of Act No. 2103 is to provide for the acknowledgment and authentication of instruments and documents made outside the Philippine Islands to be considered authentic within the Philippines.
Acknowledgment must be made before a notary public or an officer duly authorized by law to take acknowledgments in the place where the act is done within the United States.
The notary public or officer must certify that the person acknowledging the instrument is known to him, is the same person who executed it, and that the acknowledgment was the person's free act and deed, under his official seal if required.
The notary public's certificate must be authenticated by the county clerk, a deputy, a clerk or deputy clerk of a court of record, or an executive officer such as the secretary of state, who certifies that the person taking the acknowledgment was duly authorized and that the signature and seal are genuine.
Documents acknowledged in foreign countries are authenticated by either a United States ambassador, minister, secretary of legation, charge d'affaires, consul, vice-consul, or consular agent acting in the country, or if acknowledged by a local notary, then authenticated by such a U.S. official as mentioned.
Acknowledgment may be taken by a U.S. diplomatic or consular official or a notary public or officer authorized by the foreign country where the act is done.
The certificate must state that the person acknowledging the document is known to the officer, that he is the same person who executed it, and that the acknowledgment was done freely. It must be under official seal if required or otherwise state the absence of seal.
Yes, instruments or documents acknowledged and authenticated in substantial conformity with the provisions of the Act before its effectivity are considered authentic under Section 3.
No, Section 4 explicitly states that it does not repeal any provisions contained in Chapter X, Part I, of Act No. 190, which is the Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands.
The official seal signifies the authority and authenticity of the notary or officer taking the acknowledgment or authentication; if the officer is not required to keep a seal by law, the certificate must state this fact.