Consularize an Affidavit of Waiver

Former Filipino citizens who want to buy a house and lot in the Philippines need an Affidavit of Waiver signed by their non-Filipino husbands.

And if the husband (who's not a Filipino citizen) is in the United States, the Affidavit of Waiver must be consularized at a Philippine embassy in the USA.

If the husband is residing in Georgia then he falls under the jurisdiction of the Embassy of the Philippines, Washington D.C.

If the husband is from another state, please see this list of other Philippine missions in the US.

What exactly is the procedure for acknowledgment, authentication, or consularization? How does one get documents consularized?

I was unable to find the instructions in the Washington, D.C. website, so let's check the legal services section of the Consulate General of the Philippines -- San Francisco (quick excerpt below):

2. How do I get my legal document acknowledged or authenticated?

2a. To get your document acknowledged:

• The principals or signatories MUST be physically present at the Consulate. (If they cannot appear in person, they must follow the procedures below on authentication in 2.b.)

• They should bring the ORIGINAL(S) and ONE (1) COPY of the document(s) to be authenticated. The original(s) will be returned bearing a ribbon and raised seal of the Consulate, as well as the signature of the Consul. The copy will be kept on file at the Consulate.

• Each principal or signatory should have copies of one (1) form of identification -- either a State ID or Driver License, or a valid Passport. EACH ORIGINAL DOCUMENT AND EACH COPY should have a copy of the principals' identification attached to it.

• The document(s) must be signed before the Consular personnel on duty, obtain a claim stub, and pay the fee to the cashier.
  

2b. To get your document authenticated:

• Have the document(s) notarized by any local notary in your area.

• Have the official capacity of the notary certified and obtain a "Certification of Notary" by bringing or forwarding your notarized document(s) to:
  
  
  
  • The COUNTY CLERK for notaries commissioned in Northern California;
    
  • The SECRETARY OF STATE for notaries commissioned in Colorado, Idaho, Montana, Oregon, Northern Nevada, Washington State and Wyoming;
    
  • The LIEUTENANT GOVERNOR for notaries commissioned in the states of Alaska and Utah.
    

• Bring the ORIGINALS and ONE (1) COPY of each notarized and certified document to the Consulate or mail in the originals and copies along with the necessary fees (in MONEY ORDER, CASHIER'S CHECK, or BANK DRAFT made payable to the Philippine Consulate) and a self-addressed stamped return envelope preferably with tracking and confirmation.

  If the sender would like their documents returned to them through another courier service -- such as Fedex, UPS, DHL -- they should include with the documents a prepaid and duly accomplished waybill and envelope or box of the courier service to be used.

  THE CONSULATE WILL NOT ACCEPT CASH FOR THE COSTS OF RETURN POSTAGE OR SHIPPING, AND WILL NOT PAY FOR ANY POSTAGE OR SHIPPING COSTS.

  Once the documents are mailed or sent out, they are no longer the responsibility of the Consulate; The postal or courier service must then answer for their loss or damage, if any.

Here's the consularization experience of someone in Atlanta, Georgia.

According to that online bulletin board entry, it took a week for the consularized documents to reach the applicant via mail. Yes, you'll need to prepare a stamped, self-addressed envelope.

I hope this helps Philippine real estate investors or buyers who need legal documents consularized in the United States.

[ First posted on 01/25/2010 by Manuel Viloria ]