How to Draft a Special Power of Attorney for Philippine Transactions from Abroad

A Special Power of Attorney (SPA) lets you authorize a trusted person in the Philippines (your “attorney-in-fact” or “agent”) to perform specific acts on your behalf while you’re overseas. Below is a practical, end-to-end guide to drafting, executing, and using an SPA for Philippine transactions when you’re abroad.

Quick definition (Philippine law) An SPA is a written mandate where the principal grants specific authority to an agent. Under the Civil Code, certain acts must be expressly authorized—commonly: selling or mortgaging real property, creating encumbrances, making or accepting donations, entering into compromises or arbitration, acting as surety, borrowing money, waiving rights, and other acts of strict dominion. A “General” Power of Attorney is typically insufficient for these.

When you need an SPA (typical use-cases)

Real estate: Sell, purchase, mortgage, lease beyond one year, sign Deeds of Sale/Mortgage, receive titles, process registration with the Registry of Deeds, BIR, and local assessor/treasurer.
Banking/finance: Open/close accounts, sign loan or credit documents, issue instructions, encash checks, pick up manager’s checks.
Corporate/Business: Sign contracts, bid documents, government permits, or represent in meetings.
Tax and government filings: File, receive, and sign BIR submissions, claim refunds, represent at hearings; transact with SSS, PhilHealth, Pag-IBIG, LRA, DENR, etc.
Personal matters: Claim benefits, receive packages or money, process school or medical records, deal with utilities and telcos.

For real property and other acts of ownership, always use an SPA that clearly names the act (e.g., “to SELL my condominium… for not less than PHP ___”).

Core elements of a Philippine-ready SPA

Title and Parties
- Title: “Special Power of Attorney”
- Principal: Full name, civil status, nationality, passport no., foreign residential address.
- Attorney-in-fact: Full name, civil status, nationality, government ID details, Philippine address.
Recitals / Purpose
- Short background explaining why the SPA is needed.
Grant of Authority (specific powers)
- Enumerate precise acts the agent may perform. Use separate numbered powers.
- For real estate: identify the property by exact description (title no., lot/block, condo unit and floor area, address).
- For contracts: identify counterparties, price floors/ceilings, deadlines, and conditions.
Ancillary powers
- “To sign, submit, receive, acknowledge, and secure all documents; to pay fees; to appear before any government office; and to do all acts necessary to implement the foregoing specific powers.”
Safeguards and limits
- Price limits, requirement of countersignature, prohibition on self-dealing unless expressly allowed, reporting duties.
Effectivity and duration
- Fixed end date (recommended) or “until revoked in writing.”
- State that the SPA terminates by law upon death or legal incapacity of the principal or agent.
Ratification / Notarization block
- For signing abroad: acknowledge before a local notary in your country of residence.
- Add an apostille/consular authentication clause (see below).
- Include space for the notary’s acknowledgment and seal.
Signatures and IDs
- Principal’s signature (and initials on each page).
- Provide photocopies of the principal’s passport bio-page and the agent’s government ID.
Witnesses (good practice)
- Two adult witnesses with names and addresses—even if not strictly required abroad, Philippine offices appreciate this.

Executing an SPA abroad so it’s valid in the Philippines

Sign before a local notary public in the country where you are physically present.
Authenticate the notarized SPA:
- If your host country is a party to the Apostille Convention: obtain an Apostille from the host country’s competent authority.
- If not: secure consular authentication (acknowledgment/legalization) from the Philippine Embassy/Consulate with jurisdiction over your location.
Translations: If the SPA or notarial certificate is not in English/Filipino, attach a certified translation.
Courier the original apostilled/consularized SPA to your agent in the Philippines. (Many agencies require the wet-ink original.)
Your agent presents: the original SPA, IDs, and supporting documents to the bank, BIR, Registry of Deeds, LRA, LGU, etc.

Apostille vs. Consularization Apostille replaces embassy “red ribbon” for transactions in another apostille-member state. If either country is not a party or an agency specifically requires it, use consular authentication from the Philippine foreign service post.

Formatting tips that prevent rejections

Use Philippine details: TCT/CTC numbers, Tax Declaration nos., exact property address, and the TIN of the principal (for BIR-related acts).
Spell out thresholds: “not less than PHP 3,500,000 (Three Million Five Hundred Thousand Pesos).”
Attach property docs: photocopy of title or CCT, tax dec, or contract draft as annexes (labeled Annex “A,” “B,” etc.).
One SPA per transaction (banks and registries prefer targeted documents).
Ink and initials: Sign in dark ink, initial each page; avoid erasures; counter-sign any corrections.

Using the SPA in common scenarios

Real estate sale or mortgage

Include: full property description; authority to sign Deed of Absolute Sale or Real Estate Mortgage; price/floor or loan amount/terms; authority to remit or receive payment; to pay taxes (CGT/Doc Stamps) and fees; to obtain Tax Clearance, CAR from BIR, and to register with the Registry of Deeds and Assessor.
Agencies: BIR, LGU Treasurer, Registry of Deeds/LRA, Notary.
Tip: If the agent is also the buyer, include an express self-dealing consent to avoid voidability.

Banking

Use the bank’s own SPA form if available; attach your bespoke SPA if powers are broader.
Expect: stricter KYC, possible in-person appearance of the agent, and apostilled/consularized SPA.

Tax representation (BIR)

Include: TIN, RDO, specific case type (e.g., audit, protest, refund), authority to receive assessments, submit returns, and access records.
Attach: agent’s IDs and proof of authority when dealing with eServices (e.g., eAFS, eFPS) if applicable.

Government benefits and SSS/PhilHealth/Pag-IBIG

Explicitly authorize: filing, signing, receiving checks or proceeds, and appearing at hearings.

Validity, revocation, and termination

Revocation: Execute a written Revocation of SPA, notarize (and apostille/consularize if signed abroad), and notify the agent and concerned third parties. File it with registries/banks where the SPA is on file.
By law, an agency ends upon death, civil interdiction, insanity, or insolvency of the principal or agent; by completion of the task; by expiration date; or by mutual agreement.
Ratification: Acts beyond the SPA’s scope can bind you only if you later ratify them.

Risks, ethics, and practical safeguards

Pick a trustworthy agent with local presence and time to queue at agencies.
Use limits (prices, durations), require receipts and periodic updates.
No blank spaces; enumerate powers; avoid vague “do anything” language for acts of dominion.
Keep copies (scanned and physical).
Data privacy: minimize personal data in annexes; redact where possible.

Model Special Power of Attorney (for use from abroad)

Note: This template is for general guidance. Adapt to your facts and the receiving institution’s requirements.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [FULL NAME OF PRINCIPAL], of legal age, [civil status], [nationality], holder of [Passport No. _______], with address at [foreign address], hereinafter referred to as the “Principal,” do hereby APPOINT, NAME, and CONSTITUTE [FULL NAME OF ATTORNEY-IN-FACT], of legal age, [civil status], [nationality], with address at [Philippine address], holder of [Government ID Type/No. _______], as my true and lawful ATTORNEY-IN-FACT, to act for and in my name, place, and stead, to do and perform the following acts:

1) [REAL PROPERTY – SALE/MORTGAGE]
   To [SELL/MORTGAGE/LEASE] my property located at [complete address], covered by [TCT/CCT No. _______], [Lot/Block/Unit no.], [area], and all improvements thereon; to negotiate and sign the [Deed of Absolute Sale/Real Estate Mortgage/Contract of Lease], for a consideration of not less than / not more than [PHP amount in figures and words]; to receive or deliver payments; and to issue and receive correspondences and clearances.

2) [TAXES AND REGISTRATION]
   To pay capital gains tax, documentary stamp tax, transfer taxes, and other fees; to secure the BIR Certificate Authorizing Registration (CAR), tax clearances, and to register documents with the Registry of Deeds, Assessor’s Office, and other agencies; to obtain new tax declarations and certificates of title.

3) [BANKING/FINANCE – IF APPLICABLE]
   To open/maintain/close accounts; to deposit, withdraw, encash checks, apply for loans or time deposits related to the foregoing transaction; and to sign all bank forms and instruments.

4) [REPRESENTATION BEFORE AGENCIES]
   To represent me before any national or local government office, GOCC, or private institution; to sign, submit, receive, and acknowledge documents; and to pay or receive any sums necessary to implement the foregoing powers.

5) [ANCILLARY POWERS]
   To perform all acts necessary, incidental, or conducive to carry into effect the specific powers herein granted.

[OPTIONAL SELF-DEALING CONSENT]
If the Attorney-in-Fact is the buyer/lessee/creditor, I expressly consent to such self-dealing.

LIMITATIONS AND DURATION:
This authority is limited to the acts above and shall be effective from [date] until [date] unless sooner revoked in writing. This SPA terminates by operation of law upon my or my Attorney-in-Fact’s death or legal incapacity.

RATIFICATION:
I hereby confirm and ratify all lawful acts done by my Attorney-in-Fact under this SPA.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city, country].

_____________________________
[NAME OF PRINCIPAL]
Passport No. ____________

SIGNED IN THE PRESENCE OF:
_________________________          _________________________
[Witness 1 Name]                   [Witness 2 Name]

NOTARIAL ACKNOWLEDGMENT (to be completed by a local notary where signed)

[Acknowledgment in accordance with the laws of the place of execution.]

[APOSTILLE or PHILIPPINE CONSULAR AUTHENTICATION to be obtained after notarization]

Submission checklists (by destination)

Registry of Deeds (sale or mortgage)

Original deed(s) signed by agent
Original apostilled/consularized SPA
Owner’s duplicate title / CCT, latest tax declaration
BIR CAR + tax payment receipts; LGU transfer tax receipt
Valid IDs of agent; official receipts for fees

Bank

Bank’s SPA form (if any) + your SPA
Original apostilled/consularized SPA
Agent’s IDs; KYC documents required by the bank

BIR / Government offices

SPA + apostille/consularization
TIN, IDs, case-specific forms/attachments

Frequent pitfalls (and how to avoid them)

Generic wording for acts of dominion → Use specific grants and property details.
No apostille/consularization → Philippine offices may reject; secure proper authentication.
Foreign-language acknowledgments → Add an English translation.
Open-ended duration → Set a clear end date to reduce misuse.
Agent self-dealing not expressly allowed → Include explicit consent if applicable.

FAQs

Is a scanned SPA enough? For initial review, sometimes yes, but the original apostilled/consularized SPA is typically required to consummate transactions.

Can I appoint multiple agents? Yes. State joint (must act together) or severally (any one can act).

What if I move to another country? Your SPA remains valid until expiry or revocation. Authentication depends on where it was notarized; moving does not invalidate it.

Can I revoke it remotely? Yes—execute a Revocation of SPA, notarize and apostille/consularize where you are, then notify the agent and institutions holding the SPA.

Final notes

Keep the SPA focused on the transaction to minimize questions from banks and registries.
Always check if the receiving institution has a house form or extra KYC steps.
This article is for information only and is not a substitute for tailored legal advice. For high-value deals or unusual fact patterns (e.g., agent is also the buyer, or complex tax positions), consult Philippine counsel.