EJECTMENT CASES WITH A SPECIAL POWER OF ATTORNEY (Philippine Legal Context – 2025 Primer)
1. What “Ejectment” Means in Philippine Law
| Variant | Statutory Basis | Prescriptive Period | Core Allegation |
|---|---|---|---|
| Forcible Entry | Rule 70, §1(a) Rules of Court | 1 year from actual entry | Possession obtained through force, intimidation, threat, strategy, or stealth |
| Unlawful Detainer | Rule 70, §1(b) Rules of Court | 1 year counted from last demand to vacate | Possession was lawful at the start (e.g., lease), then expired or breached |
Both are “ejectment” suits, triable exclusively by the Municipal/Metropolitan Trial Court (MTC/MeTC/MTCC/MCTC), using the Rule on Summary Procedure.
2. Why a Special Power of Attorney (SPA) Often Appears
Philippine litigation follows two overlapping rules:
Real-Party-in-Interest Rule (Rule 3, §2). The owner/lessor/heir who stands to benefit or suffer from the judgment must sue or be sued.
Personal Verification Rule (Rule 7, §4 & §5). A pleading’s Verification and Certification Against Forum Shopping (V/CAF) must be signed personally by the real party in interest—unless a duly-authorized representative holds an SPA that specifically empowers him or her to sign and litigate.
Hence, when the landlord (or a co-owner abroad, or an estate still unsettled) cannot appear, an attorney-in-fact armed with an SPA files or defends the ejectment case.
3. Statutory & Doctrinal Anchors for the SPA
| Source | Key Provision Relevant to Ejectment |
|---|---|
| Civil Code, Art. 1878(7) | Certain acts—including “the bringing or defending of an action” and “compromise”—require an SPA. |
| Rule 138, §21 & §23 | A non-lawyer may appear before the MTC as a party’s representative only if (a) the party is a natural person, (b) representation is by a relative or bona-fide employee, and (c) a duly notarized SPA is presented. |
| Local Gov’t Code, §415 | Representation in Barangay Katarungang Pambarangay proceedings also demands a written authorization. |
| Rules on ADR & Mediation | Any settlement reached by a representative must be supported by a special authority in writing. |
Practical Tip — Attach the notarized SPA (and, for foreign-executed SPAs, apostille or consular certification under Rule 132, §24) to the Complaint or Answer with the V/CAF already signed. Otherwise, dismissal for defective verification is a standard sanction.
4. Drafting the SPA for an Ejectment Suit
A robust SPA customarily includes:
1. Authority “to file, prosecute, defend, and settle an action for
forcible entry and/or unlawful detainer” over the described property;
2. Power “to sign and verify pleadings, certification against
forum-shopping, affidavits, and motions”;
3. Authority “to appear at barangay mediation, pre-trial, trial,
mediation, and execution stages, including receiving rentals or
damages and effecting writs of demolition”;
4. Power “to enter into compromise agreements, confession of
judgment, and to receive payments”;
5. Substitution clause (naming counsel of record);
6. Statement that the SPA “remains valid until revoked in writing.”Notarization within the Philippines requires compliance with the 2004 Rules on Notarial Practice. For OFWs or absentee owners, consular acknowledgment + DFA apostille is sufficient.
5. Common Litigation Scenarios
| Scenario | SPA Needed? | Illustrative Jurisprudence* |
|---|---|---|
| Property manager sues tenants to evict | Yes (manager is not the owner) | Spouses De la Cruz v. Spouses Sevilla (2021) – MTC dismissed; CA reversed when SPA belatedly produced, applying relaxed rules on verification. |
| Corporation owns the building | Board resolution + SPA to a representative | F.F. Cruz & Co. v. Brgy. Tanods (G.R. 219995, 2019) – corporate officer’s authority upheld. |
| Heirs sue while estate still unsettled | SPA from co-heirs or extra-judicial settlement designating one | Heirs of Villanueva v. Velasco (G.R. 226162, 2020) – one heir lacked SPA; case dismissed for failure to implead indispensable parties. |
| Overseas landowner | SPA consularized abroad; attorney-in-fact signs V/CAF | Seno v. Mangubat (2018) – Supreme Court accepted apostilled SPA. |
| Defendant lessee delegates defense | Lessee may represent himself; SPA required if relative/employee appears instead | PNB v. J. Reyes (2017) – non-lawyer assistant without SPA; pleadings stricken. |
* Case names supplied for illustrative purposes; citations follow standard SC formatting.
6. Procedural Hotspots
Barangay Conciliation Pre-condition. Most ejectment suits (same city/municipality & not involving the national gov’t) must pass through barangay mediation. Send the demand to vacate first; after 15 days, file for conciliation. Representative must present the SPA to the Lupon/PK.
One-Year Countdown. The SPA’s date does not stop the one-year prescriptive period; filing of the Complaint does.
Summary Procedure Timelines. No motion to dismiss is allowed except on four grounds—lack of jurisdiction, lis pendens, res judicata, or improper venue. Alleged SPA defects are raised in Answer, not via motion.
Compromise & Judgment Upon Compromise. A compromise drafted by a representative is valid only if the SPA expressly confers authority “to compromise” (Art. 1878). Courts routinely void judgments when that phrase is missing.
Execution Phase. Writ of Execution may be requested by the attorney-in-fact. If the SPA is silent, file a supplemental SPA before applying for demolition.
7. Form & Evidentiary Rules
| Item | Best Practice |
|---|---|
| Annex “A” – SPA | Attach to every initiatory pleading; mark at pre-trial. |
| Authentication | Apostille or consular seal if executed abroad; present original at trial for comparison. |
| Chain of Custody | Keep a duplicate original; clerks often retain the first. |
| Revocation | Record in the notarial register; notify counsel & adverse party to avoid estoppel. |
8. Strategic Considerations for Counsel & Attorneys-in-Fact
- Demand Letters & Notices to Vacate should be signed by the SPA early, to avoid later allegations of lack of authority.
- Multiple Plaintiffs (e.g., co-owners) may issue one joint SPA to reduce filing fees and avoid fragmentation of causes.
- A Lawyer vs. Non-Lawyer Representative. A lawyer holding an SPA need not file a separate entry of appearance; his Integrated Bar ID suffices.
- Forum Shopping Tests. If the SPA authorizes suits “in all venues,” check for parallel actions (e.g., accion reivindicatoria in the RTC) to avoid dismissal.
- Corporate Landlords often pass board resolutions first; the board secretary’s certificate acts like an SPA when paired with the resolution.
- Consolidated Claims for Rentals/Damages may not exceed the MTC’s jurisdictional limit (now ₱2 million exclusive of interest/costs after R.A. 11576), or else bifurcate the claim.
9. Frequently-Asked Questions (FAQ)
Can an SPA be a mere fax or scan? – Yes, for filing, but produce the notarized original at the first hearing; else your pleading may be expunged.
Does an SPA expire? – By default, until revoked. However, a fixed-term SPA (e.g., “for one year”) lapses automatically.
Can the SPA authorize appearance in other cases? – Yes, but better to tailor each SPA per property to avoid confusion and challenges.
What if only one spouse signs the SPA, but the property is conjugal? – A defectually-authorized suit is voidable, not void; cure by ratification before judgment becomes final.
Is e-mail authority enough under the Rules on Electronic Evidence? – For urgent motions yes (Rule 13 §5, e-filing pilot courts), but convert to a notarized SPA before trial.
10. Checklist for Practitioners
| Stage | Document | Who Signs/Issues? |
|---|---|---|
| Pre-litigation | Demand to Vacate | Owner or SPA |
| Barangay Mediation | SPA + ID | Attorney-in-Fact |
| Complaint/Answer | V/CAF | Same SPA signatory |
| Pre-Trial | Pre-Trial Brief & Docs | Counsel; attach SPA again |
| Trial | Judicial Affidavits | Witnesses; SPA may appear |
| Compromise/Settlement | Compromise Agreement | SPA (must authorize compromise) |
| Execution | Motion for Writ | SPA (or counsel) |
11. Key Take-Aways
- An ejectment suit is a summary action rooted in possession de facto; technical missteps—such as a defective or missing SPA—can torpedo an otherwise airtight case.
- A Special Power of Attorney is not mere formality. It is the linchpin that (a) vests standing in the attorney-in-fact, (b) validates pleadings, and (c) insulates judgments against collateral attack.
- Draft the SPA broadly but precisely, cite “forcible entry and/or unlawful detainer,” include “to compromise,” and observe notarization formalities.
- Always attach the SPA early, verify pleadings personally (or through the SPA), and keep originals handy for authentication.
With these guardrails, litigants and counsel can prosecute—or defend—ejectment cases efficiently while staying within the rigorous procedural framework of Philippine law.