Special power of attorney in the Philippines, with a free template

When the Civil Code requires an SPA

Article 1878 of the Civil Code of the Philippines lists the acts that need a special power of attorney. A general power of administration is not enough for them.

Article 1874 adds that when land is sold through an agent, the agent authority must be in writing. Otherwise the sale is void.

Common uses of an SPA

• An OFW authorizes a sibling to sell or mortgage a property.
• A parent authorizes a relative to process a passport or school records.
• An owner authorizes a broker to sign a lease.
• A seller authorizes someone to claim a land title at the Registry of Deeds.
• A depositor authorizes someone to withdraw from a bank account.

What an SPA must contain

• Full names, citizenship, civil status and addresses of principal and agent.
• Each act the agent may do, described specifically.
• The property details, such as the title number, when land is involved.
• Government ID details of the principal.
• Signatures of the principal and two witnesses.
• The acknowledgment before a notary public.

Banks and the Registry of Deeds look at the wording. If the SPA says «to sell» and the deal is a mortgage, the office will refuse it.

Special power of attorney template

Fill in the brackets, print, sign before two witnesses and take it to a notary public.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: I, [full name of principal], of legal age, [civil status], Filipino, with residence at [address], do hereby name, constitute and appoint [full name of agent], of legal age, [civil status], Filipino, with residence at [address], to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following specific acts.

1. 1To [describe the first act, for example: sell, transfer and convey the parcel of land covered by Transfer Certificate of Title No. (number), located at (address), at a price not lower than PHP (amount)].
2. 2To sign, execute and deliver any deed, contract or document needed to complete the act above.
3. 3To receive payment and issue receipts in my name for the transaction above.
4. 4To appear before any government office, bank or private entity, and to sign and receive documents in connection with the acts above.
5. 5To pay taxes, fees and charges related to the acts above.

HEREBY GIVING AND GRANTING unto my attorney-in-fact full power and authority to do and perform every act necessary to carry out the foregoing, as fully as I could do if personally present, and hereby ratifying all that my attorney-in-fact shall lawfully do by virtue of these presents.

This special power of attorney shall remain in force until [date or completion of the acts above], unless I revoke it earlier in writing.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month, year] at [city], Philippines.

[Signature of principal] · Principal · Government ID [type and number] · Signed in the presence of [witness 1] and [witness 2].

ACKNOWLEDGMENT. Before me, a notary public for and in [city], personally appeared [principal], known to me and to me known to be the same person who executed the foregoing instrument, and acknowledged that the same is a free and voluntary act and deed.

Use this template to fill it in SignSolú and print it ready to sign.

Signing an SPA from abroad

A principal outside the Philippines signs before the Philippine embassy or consulate, which notarizes it. Another option is a local notary plus an apostille, since the Philippines joined the Apostille Convention in 2019.

The original is then sent to the agent in the Philippines. Offices ask for the original or a certified copy.

Electronic signature and the SPA

The Electronic Commerce Act (RA 8792) recognizes electronic signatures in the Philippines. An SPA, however, is used before the Registry of Deeds, banks and agencies that ask for the notarized paper original.

For that reason the SPA is filled in, printed and signed in ink before the notary. Letters of authority, leases and agreements that do not go to a registry can be signed electronically in SignSolú.

Revoking an SPA

Sign a revocation, have it notarized and give notice to the agent and to the offices or buyers who know about the SPA. The SPA also ends when the act is done, at the death of either party, or on the end date.

Common mistakes with an SPA

1. 1General wording for a specific act. «To manage my property» does not let the agent sell it.
2. 2Missing title details. The Registry of Deeds needs the TCT or CCT number.
3. 3No price floor. The agent can accept any price. Write the minimum.
4. 4Not notarized. Banks and the Registry of Deeds refuse it.
5. 5Sent as a scan. Offices ask for the original or a certified copy.

An example

Rosa works as a nurse in Canada and owns a lot in Batangas. She fills in the SPA naming her brother to sell the lot covered by its TCT, at a price not lower than the amount she sets.

She signs before a notary in Toronto and gets an apostille. Her brother uses the original to sign the deed of absolute sale, pay the taxes and transfer the title.

People also ask

Who keeps the original SPA?

The agent keeps it to present to offices, and the principal keeps a copy. Registries may keep the original when they record a sale, so ask for certified copies in advance.

Does an SPA expire if the principal dies?

Yes. Agency ends at the death of the principal, so the agent must stop acting. A sale not finished by then needs the heirs to sign.

Can an SPA be written in Filipino?

Yes. Use a language the principal understands, and make sure the office that will receive it accepts that language.

Can an SPA be used for multiple transactions?

Yes, if each act is listed. Many people still prefer one SPA per transaction, so each office sees only what concerns it.

What IDs are needed to notarize an SPA?

Notaries ask for at least one government ID of the principal and of each witness. Bring originals and copies.

Can the agent delegate an SPA to someone else?

Only if the SPA allows substitution. Without that clause the agent must act personally.

What is the purpose of a special power of attorney?

To let an agent do specific acts the principal names, such as selling one property or claiming one document.

How much does it cost to notarize an SPA in the Philippines?

Notarial fees vary by city and notary. Ask the notary before you go, and bring valid IDs for the principal and witnesses.

Can an SPA be signed by thumbmark?

A principal who cannot write may affix a thumbmark before witnesses and the notary, who records it in the acknowledgment.

Is an SPA valid without a date?

An undated SPA invites refusal. Always write the date and place of signing.

Sources

• Civil Code of the Philippines, Articles 1874 and 1878
• Electronic Commerce Act of 2000, RA 8792, on lawphil.net