If a bank, buyer, Registry of Deeds, DFA, court, school, or overseas office is asking for a certified true copy of a notarized Special Power of Attorney, the most important thing to know is this: you are not simply asking someone to stamp a photocopy. You need a copy that can be traced back to the notarial record of the notary public who notarized the SPA, and in some cases you may also need a court-issued certification called a CANA or a DFA Apostille. This guide explains where to request it, what documents to bring, what to check, and what to do if the notary can no longer be found.
What a Certified True Copy of a Notarized SPA Means
A Special Power of Attorney, or SPA, is a written authority allowing one person, called the agent or attorney-in-fact, to perform specific acts for another person, called the principal.
In everyday Philippine transactions, an SPA is commonly used when someone needs another person to:
- sell, buy, lease, or manage property;
- process bank documents;
- claim money, checks, pensions, or benefits;
- sign documents with a developer, government office, school, or employer;
- represent them before the Registry of Deeds, BIR, LTO, SSS, GSIS, Pag-IBIG, or DFA;
- handle Philippine matters while the principal is abroad.
A certified true copy usually means a copy certified as a faithful reproduction of an original document or official record. For a notarized SPA, the better and more useful request is usually one of the following:
| What you need | What it proves | Where it usually comes from |
|---|---|---|
| Plain photocopy or scan | Only shows the contents of the SPA | Your own files |
| Notary-certified copy | The notary certifies a copy based on the document or notarial record available to the notary | Notary public’s office |
| Certified copy of the notarial record | Shows the SPA was recorded in the notary’s official register | Notary public or Office of the Clerk of Court |
| CANA | Confirms the notary’s signature and seal were authentic and authorized | RTC Office of the Clerk of Court / Executive Judge |
| DFA Apostille | Authenticates a Philippine public document for use in another Apostille country | DFA Authentication Office |
The distinction matters because some offices will not accept a stamped photocopy if they need proof that the SPA was actually notarized and recorded.
Under the 2004 Rules on Notarial Practice, a notary public may perform notarial acts such as acknowledgments, jurats, signature witnessing, and copy certifications. The same Rules also define copy certification as a notarial act where the notary compares a copy with the document presented, but this is limited to documents that are not vital records, public records, or publicly recordable documents. For a notarized SPA, especially one used in property, banking, or foreign transactions, the safer request is usually a certified true copy of the notarial record or duplicate original, not merely a generic copy certification.
Legal Basis: Why the Notarial Record Matters
An SPA is a form of agency under the Civil Code
The legal foundation of an SPA is agency. Under Article 1868 of the Civil Code of the Philippines, agency exists when a person binds himself or herself to render service or do something in representation of another, with the consent or authority of the latter. Article 1869 says agency may be oral unless the law requires a specific form. (Lawphil)
For many important transactions, however, a written and specific authority is required. For example:
- Article 1874 of the Civil Code requires written authority when an agent sells land; otherwise, the sale is void.
- Article 1878 requires a special power of attorney for acts such as selling or acquiring immovable property, borrowing money, entering into compromises, making donations, creating real rights over real property, or performing acts of strict ownership.
- Article 1879 states that 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. (Lawphil)
This is why receiving offices read SPAs strictly. If the SPA says only “process documents,” that may not be enough to sell land, receive sale proceeds, mortgage property, or sign a deed of absolute sale.
Some powers should appear in a public document
Under Article 1358 of the Civil Code, certain acts and contracts must appear in a public document, including acts involving real rights over immovable property and powers of attorney whose object is an act that should appear in a public document or may prejudice a third person. (Lawphil)
In practice, this is one reason SPAs for land, condominium units, inheritance matters, bank transactions, and government filings are often notarized. Notarization gives the document a public character and makes institutions more willing to rely on it.
Notarization converts a private document into a public document
The Supreme Court has repeatedly emphasized that notarization is not a meaningless formality. In Roa-Buenafe v. Atty. Lirazan, the Court explained that notarization converts a private document into a public document that is admissible in evidence without further proof of its authenticity and is entitled to full faith and credit on its face. The same decision also stressed that missing or improper entries in the notarial register can create serious doubt about the notarized document. (Lawphil)
This is why a certified true copy is useful: it helps show that the notarized SPA corresponds to an actual notarial entry.
Where to Get a Certified True Copy of a Notarized SPA
The correct office depends on where the SPA was notarized, how old it is, and what the receiving office needs.
| Situation | Where to request | Practical notes |
|---|---|---|
| You know the notary and the office is still open | Notary public’s office | Usually the fastest route |
| The notary’s commission expired, the notary moved, died, or closed the office | Office of the Clerk of Court of the RTC where the notary was commissioned or where the notarial act was recorded | Bring the notarial details: Doc No., Page No., Book No., Series, date, and notary name |
| The SPA will be used abroad | RTC Office of the Clerk of Court for CANA, then DFA for Apostille if needed | A certified copy alone may not be enough |
| The SPA was notarized before a Philippine Embassy or Consulate abroad | The concerned Philippine Embassy or Consulate, or the DFA procedure applicable to consular documents | This is different from a locally notarized SPA |
| The SPA was notarized by a foreign notary abroad | Foreign notary or foreign competent authority; Apostille or legalization may be needed | A Philippine notary or RTC will not have the foreign notary’s records |
| The SPA is very old and records cannot be located immediately | RTC Office of the Clerk of Court, and sometimes archived court records | Search may take longer if the notarial book is old, incomplete, or poorly indexed |
Under the Notarial Rules, a notary keeps an official notarial register, records the details of each notarized document, and forwards certified monthly entries and duplicate originals of acknowledged instruments to the Clerk of Court within the first ten days of the following month. The Rules also state that the notary shall supply a certified true copy of the notarial record, or any part of it, to any person applying upon payment of the legal fees.
How to Get a Certified True Copy from the Notary Public
If the notary’s office is still operating, start there. This is usually faster than going directly to the court.
Step 1: Check the notarial details on your SPA
Look at the notarial certificate, usually found at the last page of the SPA. You should find details such as:
- notary public’s name;
- notary’s commission number;
- place of notarization;
- date of notarization;
- Doc. No.;
- Page No.;
- Book No.;
- Series of the year;
- PTR number, IBP number, roll number, MCLE compliance, and office address, depending on the form used.
The most important tracking details are usually the Doc. No., Page No., Book No., Series, date, and notary name.
Step 2: Prepare your documents
Bring or prepare:
- a copy of the SPA;
- the original SPA, if available;
- one valid government-issued ID;
- authorization letter or SPA if you are requesting on behalf of someone else;
- proof of relationship or authority, if the office asks for it;
- payment for copy and certification fees.
Strictly speaking, the Notarial Rules allow any person to apply for a certified true copy of the notarial record upon payment of legal fees. In real life, however, many notarial offices still ask for identification and proof of connection to the document to prevent misuse of personal information.
Step 3: Ask for the correct certification
Use clear wording. Say:
“I need a certified true copy of the notarized Special Power of Attorney and/or the notarial record for Doc. No. ___, Page No. ___, Book No. ___, Series of ___.”
If the SPA will be used abroad or submitted to DFA, also ask whether you need a CANA from the court. The notary cannot usually issue the CANA himself or herself; it is issued by the Executive Judge or proper RTC authority.
Step 4: Review the certified copy before leaving
Check that the certified copy shows or correctly refers to:
- the complete SPA;
- all pages, attachments, and acknowledgment page;
- names of the principal and attorney-in-fact;
- date and place of notarization;
- notarial details;
- notary’s signature and seal;
- certification wording;
- date of certification.
Do not submit a copy with missing pages, cut-off notarial details, unclear seals, or mismatched document numbers.
How to Request a Certified Copy Through the RTC Office of the Clerk of Court
If the notary cannot be found, the notarial commission has expired, the office has closed, or the receiving office wants court-issued confirmation, go to the Office of the Clerk of Court of the Regional Trial Court connected with the notarial commission.
Step 1: Identify the correct RTC
The notarial venue matters. If the SPA was notarized in Quezon City, start with the RTC Office of the Clerk of Court in Quezon City. If it was notarized in Cebu City, start with the RTC Office of the Clerk of Court there.
Do not go to the barangay, city hall legal office, MTC, or Registry of Deeds unless they specifically instructed you. Notarial records are handled through the notarial system supervised by the courts.
Step 2: Bring the notarial details
The court staff will usually search faster if you provide:
- notary public’s full name;
- date of notarization;
- document title: Special Power of Attorney;
- name of principal;
- name of attorney-in-fact;
- Doc. No.;
- Page No.;
- Book No.;
- Series year;
- copy of the SPA.
If you do not have the Doc. No., Page No., Book No., or Series, the search becomes much harder. The staff may need to search by notary, month, year, and party name, depending on how the records are organized.
Step 3: File the request and pay the required fees
The exact form and fee vary by court station. Some offices use a written request form; others accept a letter-request. Bring cash because many court offices still process small certification and photocopy fees manually.
For older documents, expect delays. Some notarial records may be in storage, archived, incomplete, or submitted late by the notary.
Step 4: Ask whether you need a CANA
If the certified copy will be used abroad, for DFA authentication, or by a foreign institution, ask about a Certificate of Authority for a Notarial Act, commonly called CANA.
The Supreme Court’s guidance states that a CANA may be secured from the Executive Judge or Vice Executive Judge through the Office of the Clerk of Court of the RTC of the city where the document was notarized. For notarized documents such as an SPA, CANA is commonly required in connection with apostillization. (Supreme Court of the Philippines)
A CANA is not the same as a certified true copy. It certifies the authority, seal, and signature of the notary. Under Supreme Court guidance, one CANA is required per document.
2025 Digital Notarial Record Updates
For newly notarized documents, digital copies may now matter more than before.
The Supreme Court’s 2025 amendments to the Notarial Rules require notaries to keep exact electronic PDF duplicates of notarized instruments and to transmit electronic copies of monthly notarial entries and duplicate originals to the Clerk of Court within the required period. The rules also provide for transmittal of electronic copies to signatories at no additional cost, subject to the requirements of the amended rules.
In practical terms, for a recently notarized SPA, you may ask the notary’s office whether:
- an electronic PDF duplicate exists;
- the signatory copy was transmitted by email;
- the monthly notarial report has already been sent to the Clerk of Court;
- the court can verify the document from the notary’s electronic submission.
This does not mean every old SPA can be retrieved online. Older notarized SPAs are still often searched through physical notarial registers and court records.
Certified True Copy, CANA, and DFA Apostille: What Is the Difference?
Many people confuse these three because they are often requested together.
| Document | Issued by | Main purpose |
|---|---|---|
| Certified true copy | Notary public or court office, depending on the record | Shows that the copy matches the notarial record or document on file |
| CANA | Executive Judge / proper RTC authority through the Office of the Clerk of Court | Confirms the notary’s authority, signature, and seal |
| Apostille | DFA | Authenticates a Philippine public document for use in another Apostille country |
If your SPA will be used only in the Philippines, a certified copy or original notarized SPA may be enough, depending on the receiving office.
If your SPA will be used abroad, especially in an Apostille country, the usual chain is:
- notarized SPA;
- CANA from the proper RTC;
- DFA Apostille.
DFA’s authentication appointment system allows the document owner or an authorized representative to book an appointment. If a representative will process the document, DFA may require an authorization letter, valid IDs, and proof of authority or relationship depending on the situation. DFA also warns that incomplete or incorrect details may lead to rejection or the need for another appointment. (DFA Appointment System)
Required Documents, Fees, and Timelines
Actual requirements vary by notary, court station, receiving office, and age of the document. The table below reflects common practice.
| Request | Common requirements | Typical timeline | Common bottlenecks |
|---|---|---|---|
| Certified true copy from notary | SPA copy, original if available, valid ID, authorization if representative, notarial details | Same day to 3 business days | Notary unavailable, old records in storage, incomplete details |
| Certified copy from RTC Office of the Clerk of Court | SPA copy, valid ID, letter-request or form, authorization if representative, Doc/Page/Book/Series | Same day to 1 week; older records may take longer | Missing book, late notary submission, old archives |
| CANA | Notarized SPA or certified copy, notarial details, valid ID, request form, payment | Same day to several working days | Wrong court, unclear seal, missing notarial entry |
| DFA Apostille | Document with required prior certification such as CANA, appointment, IDs, authorization documents if representative | Depends on DFA appointment and processing option | No appointment, missing CANA, representative lacks authority |
| Consular or foreign-notarized SPA | Embassy/consulate or foreign apostille/legalization requirements | Varies by country and post | Wrong form of notarization, missing apostille, document not accepted in the Philippines |
For important deadlines, such as property closing, bank release, court filing, or overseas submission, do not wait until the last day. A missing notarial record can take time to resolve.
Common Problems When Getting a Certified True Copy
The notary cannot be found
If the notary moved, retired, died, or closed the office, go to the proper RTC Office of the Clerk of Court. Under the Notarial Rules, notarial records are not supposed to disappear with the notary’s office. Records and registers are subject to court supervision and must be turned over in situations such as expiration of commission, revocation, resignation, death, or destruction of records.
Bring as many details as possible. A blurry photocopy with the notary’s name and series year is better than having no reference at all.
The SPA is not in the notarial register
This is a serious red flag.
If the notary’s office or the court cannot find the entry, the receiving institution may reject the SPA. The Supreme Court has treated missing or improper notarial entries as a serious matter because notarization gives a document public character. (Lawphil)
Possible next steps include:
- rechecking the spelling of the principal’s name;
- verifying the correct city or province of notarization;
- checking whether the document was notarized under a different book or date;
- asking the receiving office whether a newly executed SPA will be accepted;
- executing a new SPA if the principal is still available and legally capable.
The Doc. No., Page No., Book No., or Series does not match
Do not ignore mismatches. These details are how the SPA is traced in the notarial register.
A mismatch may be caused by a clerical error, but it may also indicate that:
- the wrong document was copied;
- the notarial entry belongs to another document;
- the SPA was altered after notarization;
- the document was improperly notarized;
- the document is spurious.
Before submitting it to a bank, buyer, government agency, or foreign office, resolve the discrepancy with the notary or court.
The receiving office wants the “original,” not a certified copy
Some offices insist on the original notarized SPA, especially banks, developers, and registries handling high-value transactions. A certified copy may help prove existence, but it does not always replace the original.
Ask the receiving office what they specifically require:
- original notarized SPA;
- certified true copy;
- recently executed SPA;
- consularized SPA;
- CANA;
- Apostille;
- wet-ink signatures;
- specific wording of the authority;
- spouse’s conformity or co-signature;
- government-issued IDs of the principal and attorney-in-fact.
The SPA was signed abroad
If the principal is abroad, the correct form depends on where and how the SPA was executed.
Common options include:
- SPA acknowledged before a Philippine Embassy or Consulate;
- SPA notarized by a foreign notary and apostilled in that country, if the country is an Apostille member;
- SPA legalized through the older consular authentication route if Apostille is not available.
A Philippine notary in the Philippines cannot certify the notarial record of a foreign notary. The certification must come from the correct foreign or consular authority.
The SPA involves a foreigner
A foreigner may be a principal or an attorney-in-fact in many transactions, but a certified true copy does not cure legal restrictions on the underlying act.
For example, the 1987 Constitution generally restricts ownership of private land to Filipinos and qualified Philippine corporations, with limited exceptions such as hereditary succession. A foreigner cannot use an SPA or a certified copy to bypass constitutional land ownership restrictions. (Lawphil)
If the SPA involves land, condominium ownership, inheritance, or corporate shares, the receiving office will usually check not only the notarization but also the legal capacity of the parties and the exact authority granted.
Practical Checklist Before Submitting the Certified Copy
Before submitting the certified true copy of your notarized SPA, check the following:
- The copy is complete, with all pages included.
- The acknowledgment page is included.
- The notary’s seal and signature are clear.
- The Doc. No., Page No., Book No., and Series are readable.
- The date and place of notarization match the receiving office’s requirements.
- The principal’s name matches the passport, government ID, or title documents.
- The attorney-in-fact’s name matches the ID to be presented.
- The SPA specifically grants the act being performed.
- If real property is involved, the property details are accurate.
- If sale or mortgage is involved, the SPA expressly authorizes the sale or mortgage.
- If money will be received, the SPA expressly authorizes receipt of proceeds.
- If the principal is married and conjugal or community property is involved, the spouse’s consent or participation has been addressed.
- If the SPA will be used abroad, CANA and Apostille requirements have been checked.
- If the SPA was executed abroad, the consular, apostille, or legalization route matches the receiving office’s requirements.
Frequently Asked Questions
Can I get a certified true copy if I am only the attorney-in-fact?
Usually, yes, especially if you have a copy of the SPA and valid identification. The Notarial Rules allow a person to apply for a certified true copy of a notarial record upon payment of legal fees. In practice, the notary or court may ask for proof that you are connected to the document, such as your ID, authorization letter, or a copy showing you are named as attorney-in-fact.
Where do I go if the notary public is no longer available?
Go to the Office of the Clerk of Court of the Regional Trial Court for the place where the SPA was notarized or where the notary was commissioned. Bring a copy of the SPA and the notarial details. If the notary properly submitted the records, the court should be able to assist with verification or certification.
Is a certified true copy the same as the original notarized SPA?
No. A certified true copy is evidence of what appears in the document or notarial record, but some offices may still require the original notarized SPA. This is common in high-value transactions such as land sales, bank withdrawals, loan documents, and title transfers.
Can the RTC issue a certified copy of a notarized SPA?
The RTC Office of the Clerk of Court may assist with notarial records submitted by notaries within its jurisdiction. The exact document issued may depend on what is on file, the age of the record, and the court’s local procedure. For foreign use, the RTC may also issue a CANA through the proper judge or authorized court process.
Do I need CANA if I will use the SPA only in the Philippines?
Usually not. CANA is most commonly requested when the notarized SPA will be submitted to DFA for Apostille or used abroad. For local transactions, the original notarized SPA or a certified true copy may be enough, depending on the receiving office.
Do I need an Apostille for a Philippine notarized SPA used abroad?
Often, yes. If the SPA was notarized in the Philippines and will be used in another Apostille country, the usual process is to secure a CANA from the proper RTC and then have the document apostilled by DFA. If the country is not part of the Apostille system, different consular legalization rules may apply.
What if my SPA has no Doc. No., Page No., Book No., or Series?
That is a problem. These details are used to locate the notarial entry. You can still try to search using the notary’s name, notarization date, party names, and place of notarization, but the search may take longer and may fail if the record was poorly kept. Some receiving offices may reject an SPA with incomplete notarial details.
How long does it take to get a certified true copy?
If the notary’s office is open and the records are accessible, it may be done the same day. If the request goes through the RTC Office of the Clerk of Court, it may take a few days or longer, especially for old records. CANA and DFA Apostille processing add more time, depending on appointment availability and document review.
Can I get a certified true copy online or by email?
For recent notarized documents, electronic PDF duplicates and electronic transmittals may be available under the 2025 amendments to the Notarial Rules. However, many courts and notarial offices still require in-person verification, payment, or release, especially for certified copies and CANA. Older records are often still physical.
Can a certified true copy fix an invalid or fake SPA?
No. A certified true copy only confirms that a copy matches a document or notarial record. It does not create authority that was not granted, cure a forged signature, validate an improperly notarized document, or override legal restrictions. If the SPA is invalid, incomplete, forged, expired, or insufficient for the intended act, the better solution is usually to execute a proper new SPA.
Key Takeaways
- Start by checking the SPA’s Doc. No., Page No., Book No., Series, date, place of notarization, and notary name.
- The fastest source is usually the notary public’s office, if it still exists and has the record.
- If the notary is unavailable, go to the RTC Office of the Clerk of Court connected with the notarial record.
- For foreign use, a certified true copy may not be enough; you may need CANA and DFA Apostille.
- A missing or mismatched notarial entry is a serious red flag.
- A certified true copy does not replace legal authority that the SPA failed to give.
- For important transactions, check the receiving office’s exact requirement before relying on a certified copy.