2012-07-03

NPM 079-2012

Requesting Entity: Den-Tronix International Trading (Den-Tronix)

Issues Concern: Translation of Foreign Documents

 

Details

Whether a foreign document translated and authenticated by the China Council for the Promotion of International Trade (CCPIT) and authenticated by the Philippine Consulate General (Philippine Consulate) in Shanghai, China, should be further re-authenticated by the Embassy of the People’s Republic of China (PRC) based in the Philippines in order to comply with the requirements of Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR).

Section 23.2 of the IRR embodies the rules on translation and certification of foreign documents issued by foreign bidders. The certification required in said provision applies only when the equivalent eligibility requirements submitted by the foreign bidder are initially expressed in another foreign language, which has been duly translated to English. x x x Conversely, in case the foreign documents are originally written in English, the required certification coming from the appropriate embassy or consulate is not necessary.

Section 23.2 of the IRR speaks of certification, which refers to a certificate attesting to the truth of some statement or event. This differs from the function of authentication that is an attestation made by a proper officer by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed so to do.

The authentication functions/services of the Department of Foreign Affairs (DFA) are performed consistent with the 1963 Vienna Convention on Consular Relations. Therefore, when the DFA duly authenticates certain acts, deeds or documents, the receiving embassies or consulates or any other foreign legal entities are, in effect, assured that aforesaid documents are in order or have been legalized in accordance with proper procedure.

In the case of Den-Tronix, its assertion that translation and authentication of its foreign document by CCPIT and further authentication by the Philippine Consulate are sufficient is misplaced. x x x. Assuming arguendo that CCPIT is the appropriate agency that has jurisdiction and authority to translate and authenticate documents in the PRC, Den-Tronix still needs to have the same certified by the PRC embassy in the Philippines in accordance with the rules. Moreover, although the Philippine Consulate has authenticated the Certification of CCPIT, such authentication merely certified that the signatory of the document was duly commissioned and qualified at the time he affixed his signature and seal. Likewise, the Philippine Consulate General declares that it assumes no responsibility to the annexed document, which is the English translated version of the foreign eligibility document.