Quick answer

To execute a Special Power of Attorney (SPA) in the Philippines:

Identify the exact transaction and confirm the receiving office’s requirements.
Put the authority in a clear written document that names the principal, the attorney-in-fact, the specific act authorized, the property or account involved, any limits, and the duration.
Have every principal whose authority or consent is required personally acknowledge the complete document before a duly commissioned notary public, using valid government-issued identification.
If the SPA concerns land, comply with the additional form and registration requirements.
If signed abroad, use Philippine consular notarization or the applicable apostille/authentication process.
Give the attorney-in-fact the original or certified copy required by the receiving institution and preserve a complete copy and proof of delivery.

Not every authority called an “SPA” is automatically valid merely because it is notarized. The authorized act must be stated expressly, the principal must have legal capacity and give free consent, and the attorney-in-fact must remain within the written limits of the authority.

What a Special Power of Attorney does

An SPA creates an agency: the principal authorizes another person, called the agent or attorney-in-fact, to act in the principal’s name for one or more specified transactions.

Under Articles 1876 to 1878 of the Civil Code, authority expressed only in general terms ordinarily covers acts of administration. Express special authority is required for acts such as:

Selling, acquiring, donating, mortgaging, or otherwise creating or conveying rights over real property
Borrowing or lending money, subject to a narrow emergency-preservation exception for borrowing
Acting as guarantor or surety
Leasing real property for more than one year
Compromising a claim, submitting a dispute to arbitration, abandoning an acquired prescription, waiving venue objections, or renouncing an appeal
Accepting or repudiating an inheritance
Entering into a partnership
Making non-administrative payments, novations, gratuitous waivers, or other acts of strict ownership or dominion

“Special” describes the nature and specificity of the authority, not necessarily the document’s label. In some situations, Article 1878 requires express authority but does not by itself require a particular written form. However, authority to sell land must be in writing; otherwise, the sale is void under Article 1874. Written and properly notarized authority is also normally required when the act must be in a public document, affects third persons, will be registered, or is subject to an institution’s documentary rules.

The Supreme Court has emphasized that powers of attorney are strictly construed. A court will not normally infer authority to sell or mortgage property from broad language granting only general management powers. See G.R. No. 214057, October 19, 2015.

Before drafting the SPA

Contact the bank, government office, court, Register of Deeds, developer, insurance company, school, hospital, or other recipient that will rely on the SPA. Ask for:

Its prescribed SPA form, if any
The exact powers that must be stated
Required supporting documents
Whether it requires the original, a certified copy, or a recently executed SPA
Whether it accepts electronically notarized documents
Its rules for documents signed abroad
Any transaction-specific deadline

An SPA that is valid in principle may still be rejected for processing if it omits information required by the receiving institution. Banks, for example, may restrict transactions by an attorney-in-fact or require their own form and verification process.

Gather accurate source documents before drafting. Depending on the transaction, these may include:

The principal’s and attorney-in-fact’s full legal names, civil status, citizenship, and addresses
Current government-issued IDs
Title, tax declaration, deed, contract, account, policy, case, vehicle, or corporate records
Correct title, account, policy, case, or registration numbers
Technical descriptions or other precise property identifiers
Marriage and property-regime documents
Corporate board resolutions, secretary’s certificates, or partnership authority
The recipient’s official checklist or form

Do not copy names or numbers from memory. A minor discrepancy can delay or defeat the intended transaction.

What the written SPA should contain

A properly tailored SPA should ordinarily state:

The parties

Identify the principal and attorney-in-fact by complete legal name and sufficient identifying information. Avoid unexplained nicknames, initials, or names inconsistent with IDs and property records.

If more than one owner or person must authorize the transaction, identify and obtain the signatures of all necessary principals.

The exact authorized act

Describe the principal transaction directly—for example, authority to sell a specifically identified parcel, sign a particular loan restructuring agreement, claim a named benefit, receive a specified document, or appear before a named agency for a defined application.

Avoid relying solely on phrases such as “to transact all business,” “to do anything necessary,” or “with full powers.” General wording ordinarily grants only administrative authority.

The specific subject matter

Identify the property, account, claim, case, document, or benefit with enough precision to prevent substitution or misunderstanding. For land, use the title number, registered owner, location, lot details, and technical description when appropriate.

Necessary incidental powers

List the documents the agent may sign and the offices before which the agent may appear. Include authority to receive money, titles, checks, certificates, or other property only if that is truly intended.

Authority to negotiate or sign a deed does not necessarily include authority to receive the proceeds. If the attorney-in-fact may receive money, specify how and where payment must be made.

Limits and safeguards

Consider stating:

A minimum sale price or maximum purchase price
Permitted payment terms
A named bank account for proceeds
Whether the agent may sign tax, registration, or closing documents
Whether the agent may appoint a substitute
Whether self-dealing or transactions with related persons are prohibited
A fixed expiration date or completion event
Acts expressly excluded from the authority

Under Article 1879 of the Civil Code, a special power to sell does not include the power to mortgage, and a special power to mortgage does not include the power to sell. If both are intended, both must be stated expressly. Likewise, authority to compromise does not by itself authorize submission to arbitration.

Effectivity and termination

State when the authority begins and ends. If no calendar expiration is written, the SPA does not automatically last forever. Agency may end through revocation, withdrawal, death or certain legal incapacities of a party, dissolution of a juridical entity, completion of the authorized purpose, or expiration of the stated period under Article 1919.

Exceptions exist, including certain agencies constituted in the common interest of the principal and agent or in an accepted third-party interest. These exceptions are fact-sensitive and should not be assumed merely by calling an SPA “irrevocable.”

Signing and notarization in the Philippines

Use an integrally complete document. Do not sign an SPA containing blank spaces for the agent’s name, property, price, scope, or date. Remove unused spaces, number the pages, and have material corrections properly initialed.

For traditional paper notarization:

Bring the complete SPA and current identification.
Personally appear before a notary public duly commissioned for the relevant territorial jurisdiction.
Present at least one current identification document issued by an official agency bearing the holder’s photograph and signature, unless the signer is personally known to the notary under the rules.
Confirm to the notary that the signature was voluntarily affixed and that the SPA is the principal’s free and voluntary act.
Allow the notary to complete the acknowledgment and notarial-register entry.
Check that the notarial certificate contains no unfilled material blanks and that names, identification details, place, and date are correct.

A community tax certificate or cedula by itself is not competent evidence of identity under the current notarial rules. The identification and personal-appearance requirements appear in the Supreme Court’s 2004 Rules on Notarial Practice, as amended by the Court’s February 19, 2008 resolution.

An acknowledgment does not always require the signature to be placed in the notary’s physical presence, but the signer must personally appear and acknowledge the signature and voluntary execution. As a practical safeguard, bring the SPA unsigned unless the notary instructs otherwise. A jurat, when one is required, involves signing in the notary’s presence and taking an oath or affirmation.

Notarization turns a qualifying private instrument into a public document for evidentiary purposes. It does not cure lack of capacity, coercion, forgery, inadequate authority, missing spousal consent, an illegal purpose, or another substantive defect.

Electronic notarization

The Supreme Court’s Rules on Electronic Notarization, A.M. No. 24-10-14-SC, permit in-person and remote electronic notarization through a commissioned Electronic Notary Public using an accredited Electronic Notarization Facility.

An ordinary video call, emailed scan, pasted image of a signature, or online service that is not operating under the Supreme Court rules is not a substitute for compliant electronic notarization.

Before using an electronically notarized SPA, confirm that the receiving office accepts the electronic format. An office may still require a paper original or impose transaction-specific submission rules.

As a general rule, principals using remote electronic notarization must be within the Philippines. A principal abroad may use the limited extraterritorial procedure only while physically within a Philippine embassy, consular office, or honorary consul’s office and after the location is verified as required by the rules.

Additional rules for land and condominium transactions

Authority to sell land or an interest in land must be written. The SPA should expressly identify both the power and the property; a general management authority is insufficient.

If the property belongs to an absolute community or conjugal partnership, an SPA from only one spouse cannot replace the other spouse’s legally required written consent or court authorization. Under Articles 96 and 124 of the Family Code, disposition or encumbrance of community or conjugal property without the necessary consent or authority may be void. Property ownership and the applicable marital-property regime should be checked before execution.

For an SPA affecting land and intended for registration:

Use a public instrument acknowledged before an authorized notary or public officer.
Obtain the signatures of at least two witnesses as required for registrable voluntary instruments affecting land.
For a multi-page instrument, comply with the marginal-signature, sealing, and acknowledgment requirements.
Register the SPA with the Register of Deeds where the land is located.
Register any later revocation in the same manner.

These requirements arise from Sections 64 and 112 of the Property Registration Decree, Presidential Decree No. 1529. The Land Registration Authority also publishes an official SPA form and other downloadable forms, but a standard form must still be adapted to the actual transaction.

If the principal is abroad

There are generally two conventional routes, subject to the destination country and receiving office.

Philippine embassy or consulate

The principal may execute or acknowledge the SPA before an authorized Philippine consular officer. Personal appearance, an appointment, a valid passport or other accepted identification, copies, and the prescribed fee are commonly required. Exact procedures and turnaround times differ by post, so consult the specific embassy or consulate before appearing.

Foreign notary followed by apostille or authentication

The principal may follow the law of the country where the SPA is executed:

In an Apostille Convention country, have the locally notarized document apostilled by that country’s competent authority when the Philippine recipient requires an apostille.
In a non-Apostille country, follow the applicable authentication or legalization chain, which may include the Philippine embassy or consulate.
Obtain a certified translation if required.
Confirm any country-specific arrangement or exception with both the Philippine foreign-service post and the receiving institution.

An apostille authenticates the origin of a public document—such as the capacity and signature of the foreign notary. It does not certify the truth of the SPA’s contents or make an otherwise invalid authority valid. DFA guidance confirms that an apostilled document from a contracting state generally has legal effect in the Philippines without further Philippine embassy authentication. See, for example, the Philippine Embassy’s official apostille guidance.

Do not mail an already signed document to a relative in the Philippines and ask a local notary to notarize it without your appearance. That would not satisfy the personal-appearance requirement.

Using the completed SPA

The attorney-in-fact should:

Read the entire SPA and understand every limitation.
Present the original or accepted certified/electronic copy together with identification.
Disclose that they are acting as attorney-in-fact.
Sign transaction documents in a representative form, such as: Principal’s name, by Agent’s name, as Attorney-in-Fact
Avoid any act not clearly covered by the SPA.
Keep receipts, signed documents, statements, and an accounting of all money or property received.
Return documents and account to the principal when the transaction is completed.

The Civil Code obliges an agent to follow the principal’s instructions, account for transactions, and deliver to the principal everything received through the agency. A third party may require presentation of the SPA and may rely on the written terms shown to it.

Evidence to preserve

Keep secure copies of:

Every signed and notarized original
The complete electronic file and validation data, if electronically notarized
IDs used for notarization, stored with appropriate privacy safeguards
The final draft and any written instructions or limitations
Proof of ownership or entitlement
The recipient’s official requirements and confirmation of acceptance
Courier receipts, emails, acknowledgments, and proof of delivery
Transaction documents, receipts, bank records, and the agent’s accounting
Any revocation and proof that it was delivered and registered

Do not circulate unredacted copies more widely than necessary. An SPA contains identity information and may provide access to money or property.

Common mistakes

Using a general authorization for a sale, mortgage, loan, guaranty, compromise, or inheritance decision
Failing to identify the property, account, case, or transaction precisely
Assuming authority to sell includes authority to mortgage or receive the price
Signing a document with blank spaces
Using only a cedula as identification
Allowing notarization without the principal’s required appearance
Using a notary outside the lawful scope of the notary’s commission
Omitting a spouse or co-owner whose consent is legally required
Letting a corporate officer act without proper board or corporate authority
Ignoring the recipient’s prescribed form or document-freshness policy
Assuming an apostille validates the contents of the SPA
Believing an SPA automatically continues after death
Failing to notify affected institutions when an SPA is revoked
Giving the attorney-in-fact broader power than the transaction requires

Revoking an SPA

A principal may generally revoke an agency at will, although limited statutory exceptions exist. For a clear record:

Prepare a written revocation identifying the SPA, its date, the attorney-in-fact, and the terminated authority.
Have the revocation notarized when the original was notarized or when the transaction warrants it.
Demand the return of all originals.
Deliver written notice to the attorney-in-fact and every bank, buyer, broker, government office, or other person expected to rely on the SPA.
If the SPA affected registered land, register the revocation with the proper Register of Deeds.
Preserve proof of receipt and registration.

Revocation may not protect the principal against specified persons who had not been notified or, in some circumstances, third persons who acted in good faith without knowledge of it. Prompt, documented notice is therefore essential.

When legal help is urgent

Consult a Philippine lawyer promptly before signing—or immediately after discovering a problem—when:

The SPA will authorize the sale, mortgage, donation, or transfer of land
Marital, inherited, co-owned, corporate, trust, or estate property is involved
The authority concerns borrowing, guaranty, settlement, waiver, or repudiation of inheritance
The principal is seriously ill, cognitively impaired, under pressure, or unable to communicate freely
The agent may transact with themselves, a relative, or a related company
A forged, altered, blank, or improperly notarized SPA may have been used
An agent acted beyond the stated authority or failed to account for money
The principal or attorney-in-fact has died or become legally incapacitated
A sale, foreclosure, court, tax, registration, or agency deadline is approaching
A bank, buyer, Register of Deeds, or government office has rejected or questioned the SPA

If misuse is suspected, immediately notify the attorney-in-fact and relevant institution in writing, secure account or property records, preserve the original document and communications, and obtain advice on revocation, registration, injunctive relief, or other appropriate action.

FAQ

Must every SPA be notarized?

Not necessarily as a universal rule. Some express special authority may legally be oral unless another law requires a particular form. However, authority to sell land must be written, and powers involving public documents, property administration, acts affecting third persons, registration, or institutional processing ordinarily require a notarized public instrument. In practice, notarization is the prudent default for an SPA intended to be relied upon by third parties.

Does the attorney-in-fact have to sign the SPA?

The principal grants the authority and must execute the SPA. The agent’s acceptance may be express or inferred from conduct under the Civil Code, so the agent’s signature is not universally required. A receiving institution or the SPA itself may nevertheless require written acceptance.

Are two witnesses always required?

Not for every ordinary SPA. At least two witnesses are required for a public instrument affecting land that is intended to be registrable under Section 112 of Presidential Decree No. 1529. A recipient may also require witnesses for other transactions.

How long is an SPA valid?

There is no single statutory validity period for every SPA. It may end on the date written in it, completion of its purpose, revocation, withdrawal, death or certain legal incapacities of a party, dissolution of a juridical entity, or another event recognized by law. A receiving institution may separately require a recently executed document.

Can one SPA authorize both sale and mortgage?

Yes, but it must expressly grant both powers. Authority to sell alone excludes mortgage authority, and authority to mortgage alone excludes sale authority.

Can an SPA be notarized online?

Yes, but only through a commissioned Electronic Notary Public using a Supreme Court-accredited electronic notarization facility and following the applicable in-person or remote procedure. An informal video call or scanned signature is insufficient.

Can an SPA signed abroad be used in the Philippines?

Usually, if properly executed and either notarized by a Philippine embassy or consulate or completed through the applicable foreign notarization and apostille/authentication process. The receiving Philippine office may impose additional requirements, so confirm them before execution.

Does an SPA remain valid after the principal dies?

Generally, death extinguishes agency. Narrow exceptions exist under Articles 1930 and 1931 of the Civil Code, but they depend on circumstances such as the interest for which the agency was created and the knowledge and good faith of the parties. Do not continue using an SPA after learning of the principal’s death without legal advice.

Official sources

This article provides general legal information, not advice for a particular transaction. Requirements may depend on the document, property, parties, receiving institution, and country of execution. Sources and procedures were checked as of August 1, 2026.