A practical legal guide to fixing mistakes in a notarized SPA without creating bigger problems.

1) What a Special Power of Attorney is—and why “errors” matter

A Special Power of Attorney (SPA) is a written authority where a principal empowers an agent/attorney-in-fact to do specific acts on the principal’s behalf. In Philippine practice, an SPA is often required (or strongly preferred) for transactions where third parties want clear proof of authority—especially real property, banking, BIR/Registry of Deeds processes, and other high-value dealings.

Errors in an SPA matter because an SPA is often treated as a “document of title” to authority. If the authority is unclear, wrong, incomplete, or improperly notarized, third parties may refuse to honor it—and worse, the transaction itself may be challenged.

General rule: The more the error affects identity, authority, property details, or notarial validity, the more likely the “fix” must be a new, properly notarized SPA, not a mere handwritten correction.

2) The legal framework (Philippine context)

A. Agency and the need for special authority

Philippine agency law is primarily under the Civil Code. Two provisions are especially relevant:

Written authority is required for an agent to sell real property or an interest therein (commonly cited in practice as a strict requirement for land transactions).
Certain acts require a “special power of attorney”—meaning the authority must be express and specific, not merely implied. These commonly include:
- selling, buying, or encumbering real property (sale, mortgage, lease beyond certain terms)
- compromising or settling claims
- waiving rights, making donations
- entering into contracts that go beyond ordinary administration
- borrowing or lending money (often required by banks), and similar high-stakes acts

If the SPA is defective as to scope (e.g., it authorizes “manage property” but not “sell”), the agent’s act can be unauthorized and unenforceable against the principal unless properly ratified.

B. Notarization and public documents

In the Philippines, notarization is governed by the 2004 Rules on Notarial Practice and related Supreme Court rules and ethics.

A properly notarized SPA becomes a public document, generally easier to rely on and admissible without further proof of authenticity.

Critical point: Altering a notarized SPA after notarization is a legal and practical hazard. Unauthenticated alterations can:

cast doubt on authenticity,
cause rejection by registries/banks,
expose parties to allegations of falsification or document tampering.

3) Types of SPA errors—and how serious each is

Think of errors in four tiers. The correction approach depends on the tier.

Tier 1: Minor clerical/typographical errors (often curable, but still risky)

Examples:

misspelled street name (but still identifiable)
minor formatting issues
obvious typographical errors that do not affect meaning

Reality check: Even “minor” errors can cause rejection if the receiving office has strict matching rules (banks and registries often do).

Tier 2: Identity and civil status errors (usually requires a formal corrective instrument)

Examples:

wrong/missing middle name; inconsistent suffix (Jr., III)
wrong ID number details referenced in the SPA
mismatch with passport name for principals abroad
wrong marital status stated (single vs married), or spouse name wrong (relevant to conjugal/community property issues)

Tier 3: Authority/scope errors (usually requires a new SPA or confirmatory SPA)

Examples:

SPA authorizes “to process papers” but not “to sell”
missing authority to sign a deed of sale, loan documents, mortgage, or to receive proceeds
missing authority to represent before a specific agency/bank
incorrect limitation dates or conditions that block intended act

Tier 4: Property description and notarial defects (often requires re-execution and may endanger the transaction)

Examples:

wrong TCT number, lot number, area, location, technical description
wrong property owner identity or share (e.g., principal owns 1/2 but SPA implies 100%)
notarization issues: no personal appearance, incomplete notarial certificate, wrong venue/date inconsistencies, missing competent evidence of identity, unsigned pages, missing acknowledgment, etc.

4) The golden rule: Do not “edit” a notarized SPA

Once notarized, the SPA is treated as a completed public instrument. Do not:

erase,
use correction fluid,
overwrite,
attach a substituted page,
staple an altered page and call it “corrected,”
add handwritten interlineations after notarization.

Even if your intention is honest, these acts frequently make the document unacceptable and can create legal exposure.

5) Law-and-practice-approved ways to correct SPA errors

Method 1: Correct before notarization (best and simplest)

If the SPA has not yet been notarized:

revise the text,
ensure all pages are consistent,
have the principal sign properly,
then notarize the final clean version.

If there are last-minute edits, any interlineation should be done before notarization, clearly indicated, and typically initialed by the signatories and acknowledged properly—then notarized as a final instrument. Many notaries prefer a clean reprint instead of interlineations.

Method 2: Execute a new SPA (the default safest option)

For most post-notarization errors—especially Tiers 2–4—the clean solution is:

prepare a corrected SPA,
have the principal sign again,
notarize properly,
if needed, revoke the prior SPA or state it is superseded.

When to choose this:

wrong names or identity details
wrong property details
missing authority
anything that a bank/Registry of Deeds might strictly verify

Common drafting approach: Include a clause such as:

“This Special Power of Attorney supersedes and replaces any prior SPA executed by me in favor of [Agent] covering the same authority/transaction.”

If you want to preserve other, unrelated authorities in an earlier SPA, be careful: superseding language should be limited to the relevant transaction or scope.

Method 3: Execute an Amendment / Addendum (works in limited situations; acceptance varies)

Some practitioners prepare a separate notarized instrument titled:

“Amendment to Special Power of Attorney”
“Addendum to Special Power of Attorney”

It typically:

identifies the original SPA (date, notary, notarial register details),
states the corrections or additions,
confirms the rest remains unchanged.

Use this cautiously. Many banks and registries still prefer a single consolidated SPA (clean document) rather than requiring them to match two documents.

Best use case:

adding a minor missing detail without changing the nature of authority, and where the receiving party confirms they accept an addendum.

Method 4: Execute a Confirmatory SPA (when authority existed but needs clearer wording)

A “Confirmatory SPA” is used to:

restate the authority more clearly,
confirm the agent’s authority for a specific transaction,
address technical deficiencies in wording.

It is particularly useful when:

the original SPA might be read as ambiguous,
the agent needs to present a clearer authority to a bank/agency,
you want a clean “transaction-ready” SPA without arguing about interpretation.

Method 5: Execute an Affidavit of Correction / Affidavit of Discrepancy / One-and-the-Same-Person (for identity mismatches)

These are common Philippine practice tools, especially when:

the principal’s name varies across documents (e.g., “Maria Clara Reyes” vs “Maria Clara R. Santos” due to marriage),
there are typographical mistakes in names,
IDs show variations.

These affidavits:

explain the discrepancy,
declare that the names refer to the same person,
attach supporting IDs/civil registry documents.

Important: These are best for identity clarifications, not for changing authority. They also do not “fix” a defective notarization.

Method 6: Ratification (if the agent already acted beyond authority)

If an agent has already signed or done something without proper authority (or with a defective SPA), the principal may ratify the act.

Ratification in Philippine agency law can be:

express (e.g., “Deed of Ratification,” “Confirmation of Sale,” “Ratification of Mortgage”)
sometimes implied (e.g., accepting benefits with knowledge), though relying on implied ratification is risky in formal transactions.

Practical reality: For land transfers or banking, ratification is usually done by a separate notarized document clearly identifying:

the unauthorized/defective act,
the date and instrument involved,
an unequivocal statement that the principal approves and adopts it.

6) Correcting common SPA error scenarios (what usually works)

Scenario A: Wrong middle name / minor name misspelling

Best fix: New SPA (clean) Alternative: One-and-the-same-person / Affidavit of Discrepancy + supporting IDs (only if receiving office accepts)

Tip: Registries and banks often require exact matching to IDs. If the principal is abroad and uses passport naming conventions, draft the SPA exactly as the passport shows.

Scenario B: Wrong TCT number / lot number / property location

Best fix: New SPA or Confirmatory SPA with correct property description Avoid: Relying only on an affidavit of correction for property identifiers in an SPA intended for Registry of Deeds use—many will reject.

Tip: Use the property description exactly as it appears on the title/tax declaration, including:

TCT/CCT number
lot and block numbers
location (barangay/city/province)
area
technical description if needed by the transaction

Scenario C: SPA does not explicitly authorize sale/mortgage/loan signing

Best fix: New SPA that expressly grants the specific special powers required Why: Special powers must be specific; “general management” language is commonly insufficient for conveyances or encumbrances.

Scenario D: Wrong date/venue/notarial details; questionable notarization

Best fix: Re-execute and properly notarize a new SPA A defective notarization can downgrade the document’s reliability and can trigger rejection.

Scenario E: Principal abroad; SPA already notarized overseas but needs corrections

Typical options:

Execute a new SPA at the Philippine Embassy/Consulate (consular notarization), or
Execute before a local foreign notary and follow the required authentication route applicable to the document’s destination (commonly involving apostille or consular authentication, depending on jurisdiction and current rules).

Then submit the corrected SPA to the receiving Philippine office with the required attachments (IDs, passport copies, specimen signatures, etc.).

7) Should you revoke the erroneous SPA?

A. When revocation is wise

Revoke if:

the erroneous SPA might still be used to transact,
you are changing agents,
the error could be exploited or misinterpreted,
you need to reassure third parties that only the corrected SPA is valid.

Revocation is usually done through a Deed of Revocation of SPA, notarized, and served to:

the agent, and
relevant third parties (banks, buyers, registries).

B. Notice to third parties (crucial in practice)

In agency, third parties who rely in good faith may be protected in certain settings if they had no notice of revocation. So revocation should be communicated promptly.

C. Recording with the Registry of Deeds (for real property contexts)

If the SPA was registered/annotated or used in a transaction affecting land, recording the revocation (where appropriate and accepted) helps put the public on notice. Requirements vary by Registry of Deeds.

8) Practical checklist: How to “correct” an SPA the right way

Classify the error
- identity? authority? property details? notarization defect?
Stop using the faulty SPA
- do not submit it “as is” hoping it passes
Do not alter the notarized document
Choose the corrective instrument
- New SPA (most common)
- Confirmatory SPA
- Amendment/Addendum (only if accepted)
- Affidavit of Discrepancy (for name issues)
- Deed of Ratification (if agent already acted)
Align wording with the receiving institution
- banks and registries sometimes have required phrases (e.g., authority to “sign, execute, and deliver” specific documents; authority to “receive proceeds”)
Prepare supporting attachments
- principal’s IDs (often two), specimen signature
- for married principals: spouse details if property regime matters
- title/tax declaration copies for correct property description
Notarize properly
- personal appearance (or consular notarization abroad)
- correct acknowledgment certificate
- correct date/venue
If replacing, address the old SPA
- superseding clause and/or revocation and notice

9) Drafting guidance to prevent correction problems

A. Identify parties with precision

Full legal name, citizenship, civil status
Complete address
Government ID details (and issuance place/date when commonly required)

B. State the special powers explicitly (don’t rely on generic phrases)

For property sale, for example, consider whether you need authority to:

negotiate price/terms
sign Contract to Sell/Deed of Absolute Sale
sign escrow or brokerage documents
represent before BIR, Assessor’s Office, Treasurer’s Office
sign tax returns/applications
receive proceeds or release payments
sign and receive title and tax clearances
appoint a substitute (if allowed)

C. Match property descriptions and names exactly

Copy from the title where possible.

D. Control validity and limitations

specific transaction only vs broader authority
time validity (with or without expiration)
safeguards (e.g., minimum selling price, named buyer, or requirement of principal’s written consent for price changes)

E. Consider whether the SPA must be “special” for each act

If multiple special acts are intended, list them distinctly.

10) Frequently asked questions

Can a notary “correct” an already notarized SPA?

As a rule in practice, no—not by editing the instrument after notarization. The corrective path is usually a new notarized instrument (new SPA, confirmatory SPA, amendment, etc.).

Is an Affidavit of Correction enough?

It depends on the error and the receiving institution.

For name discrepancies, it sometimes helps.
For authority defects (missing special power) or property description errors, it is usually not enough.

If the SPA is defective, is the agent’s act automatically void?

Not always in the same way across contexts, but an act outside authority is generally not binding on the principal unless ratified. For formal transactions (especially land), parties typically insist on clean authority documents to avoid disputes.

What if the principal is already deceased or incapacitated?

Agency generally terminates upon death of the principal and cannot be “corrected” afterward by issuing a new SPA. If the principal lacks capacity, they cannot validly execute a corrective SPA. The solution usually shifts to estate or guardianship/conservatorship processes, depending on facts.

11) Bottom line principles

Never alter a notarized SPA.
For most meaningful errors, the safest fix is a new, properly notarized SPA (often framed as a corrected or confirmatory SPA).
Use affidavits mainly to address identity discrepancies, not missing authority.
If an agent already acted beyond authority, use ratification/confirmation—in writing and notarized.
For real property and banking, draft with exact names, exact property data, and explicit special powers, anticipating strict institutional requirements.