This article explains every practical and legal angle for executing a Special Power of Attorney (SPA) in Houston, Texas for use in the Philippines—when to use the Philippine Consulate’s consular notarization, when a Texas notary plus apostille is enough, what an SPA must contain under Philippine law, and how to get it accepted by registries, banks, and courts in the Philippines.

1) What a Special Power of Attorney Is (Philippine lens)

An SPA authorizes an attorney-in-fact (agent) to perform specific acts for the principal (you).
Under the Civil Code, certain acts require special authority and a public instrument (i.e., notarized), such as:
- Sale, mortgage, or lease (over one year) of real property
- Donation of property
- Settlement/compromise, confession of judgment, representation in some litigation acts
- Banking/financial transactions if the institution requires written notarized authority
A general power isn’t enough for these; the SPA must spell out the acts with particularity (e.g., identify the property by TCT/Tax Dec number, boundaries, and address; state loan amount/mortgagee; state bank name and account ending digits; specific government office to be dealt with, etc.).

No statutory expiry: Philippine law does not impose an automatic “expiry date” on an SPA; however, private recipients (banks, developers, registries) often impose a freshness window (commonly 6–12 months). If in doubt, re-execute a current SPA.

2) Two Valid Paths in Houston

Path A — Consular Notarization/Acknowledgment at the Philippine Consulate in Houston

The Philippine Consulate performs a consular acknowledgment (or consular notarization) of your SPA.
Result: The SPA is treated in the Philippines like a Philippine notarized public document. No apostille is needed.
Typical steps:
1. Prepare the SPA (see Section 4 for content and form).
2. Book an appointment (walk-ins are rarely accepted).
3. Bring valid ID (Philippine passport or other government photo ID), the unsigned SPA, and any required witnesses if the Consulate’s procedure calls for them.
4. Sign in the Consul’s presence.
5. Pay consular fees.
6. Receive the consularized SPA (or pick up/courier later).
Advantages: One-stop; presumptively familiar to Philippine agencies; no apostille legwork.
Considerations: Appointment slots, personal appearance, consular business hours, and processing times.

Path B — Texas Notary + Apostille (Hague Apostille Route)

The Philippines honors apostilles. For a Houston-executed SPA:
1. Notarize before a Texas notary public (Houston is in Harris County; many notaries are available, including mobile and remote online notaries—see caveats below).
2. Obtain a Texas Secretary of State apostille for the notary’s certificate.
Result: The SPA becomes a foreign public document with apostille and is directly usable in the Philippines without consular legalization.
Advantages: Flexible scheduling; any Texas notary (including after hours).
Considerations: Apostille step, courier time; ensure the notarial certificate is in the correct Texas format.

Which path to choose?

If you can visit the Consulate, Path A is simple and universally recognized.
If you need speed or out-of-hours flexibility, Path B works well; just ensure the apostille is properly attached.

3) Remote Online Notarization (RON) in Texas—Will the Philippines Accept It?

Texas permits RON. The notary’s electronic notarization can be apostilled, but the apostille typically covers the notary’s electronic certificate.
Practical caution: Many Philippine recipients still prefer wet-ink originals. Before using RON, confirm with the receiving bank/registry/developer/court that a papered-out RON + apostille is acceptable. When in doubt, use traditional in-person notarization.

4) Drafting the SPA (What It Must Contain)

Essential parts:

Title: “Special Power of Attorney”
Parties: Full legal name, civil status, nationality, address of principal; and full name and address of attorney-in-fact.
Recitals: Brief context (e.g., sale of specific property; representation before BIR, Register of Deeds, LRA, HLURB/DHSUD, SSS/GSIS, DFA, embassies/consulates, banks, developer).
Specific powers:
- Real property: Identify TCT/CCT number, lot/block, project name, location, and precise acts (sell for at least PHP ___, sign Deed of Absolute Sale, receive payments, secure tax clearances, sign BIR forms, pay capital gains/withholding taxes, secure CAR; sign Deed of Restrictions, waivers, etc.).
- Banking: Name of bank/branch; open/close account, deposit/withdraw, receive checkbooks, sign forms, issue instructions; (many banks require their own SPA form—ask in advance).
- Litigation: Name the case, court/agency, and the acts authorized (hire lawyers, sign pleadings, compromise).
- Government agencies: BIR, LRA/Registry of Deeds, Pag-IBIG, SSS, PhilHealth, PSA, LGUs; specify transactions (transfer of title, tax clearance, business permits, etc.).
Ancillary powers: To pay fees/taxes, obtain certified copies, secure IDs/numbers, and perform acts necessary/incidental to the main authority.
Substitution (optional): Whether the attorney-in-fact may delegate or appoint a substitute.
Validity: Either until revoked or a specific period; include a revocation clause mechanics (written notice to attorney-in-fact and to known recipients; recommend registering revocation where the SPA was used, e.g., Registry of Deeds).
Signatures: Principal’s signature above printed name; initial all pages.
Acknowledgment block:
- For Texas notarization: Use a Texas-compliant acknowledgment (not a jurat unless the recipient requires a sworn statement). Venue typically “State of Texas, County of Harris” (or the county where notarized).
- For Consulate: Follow the Consulate’s template (they usually attach their own acknowledgment).

Attachments often requested in PH (not always mandatory but helpful):

Government ID copy of the principal (passport biographic page).
Attorney-in-fact’s ID (to be presented in the Philippines during use).
Property documents (TCT/CCT, tax dec, latest real property tax receipt), Developer/Broker authority if applicable.
Marital documents when dealing with conjugal/community property (marriage certificate; spouse’s consent or joint SPA).

5) Execution Mechanics in Houston

If using the Consulate:

Bring the SPA unsigned; you’ll sign in front of the consular officer.
Some consulates require two witnesses; they may provide or allow you to bring them.
The consulate may retain a record; they will release originals with consular seal/signature.

If using a Texas notary:

Sign in the notary’s presence (unless the notary is doing RON).
Present government photo ID. Names on the SPA should match your ID/passport.
The notary completes a Texas acknowledgment with date, venue (county), notary seal, and commission expiry.
Avoid blanks; initial corrections.
Apostille: Submit the notarized SPA to the Texas Secretary of State with the required form/fee; request mail-back to your U.S. address, then courier the apostilled document to the Philippines.

6) Using the SPA in the Philippines

Present the original SPA (consularized or apostilled) to the recipient (bank, Registry of Deeds, BIR, developer, LGU).
The attorney-in-fact should bring government ID.
Real property transfer workflow (typical):
1. BIR assessment and payment (CGT/withholding, DST)
2. Issuance of CAR
3. Registry of Deeds: submission of Deed of Absolute Sale, SPA, tax clearances, CAR, transfer taxes, and other forms
4. New Title issuance; then tax declaration update at Assessor’s Office
Banks/developers may insist on freshly executed SPAs or their own templates; check early.
Court use: File the SPA as Annex to pleadings or as a Secretary’s Certificate/Board Resolution for corporations (if applicable).

7) Special Situations and Pitfalls

Married principals: If dealing with community property, obtain the spouse’s consent or execute a joint SPA.
Multiple principals: Consider a joint SPA naming the same attorney-in-fact; ensure each principal appears before the notary/Consul.
Capacity issues: The principal must be of legal age and of sound mind.
Name discrepancies: Align names across passport, TCT, IDs; attach Affidavit of One and the Same Person if necessary.
Corporate principals: Use Secretary’s Certificate or Board Resolution authorizing the signatory; notarize/apostille/consularize as needed.
RON acceptance: Even if apostilled, some agencies decline RON paper-outs—verify first.
Revocation: Notify the attorney-in-fact and all known recipients; consider annotating the revocation with the Registry of Deeds or bank to prevent reliance on the old SPA.
Loss of original: Many offices require original; keep certified copies when possible.
Fraud prevention: Use specific powers, limits (minimum price, maximum loan), and require dual signatures for sensitive transactions (e.g., you + attorney-in-fact for disbursements above PHP ___).

8) Model Texas Acknowledgment (for a Houston Notary)

Acknowledgment State of Texas § County of Harris §

Before me, the undersigned authority, on this day personally appeared [Name of Principal], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing Special Power of Attorney, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this [date].

[Notary Public’s Signature] [Printed Name of Notary Public] Notary Public, State of Texas My commission expires: [date] [Seal]

(Modify “County of ___” if notarized outside Harris County.)

9) Checklist: Documents to Bring/Prepare

For Consular notarization

SPA draft (unsigned)
Passport or government ID (original + photocopy)
Appointment confirmation, fee, and any required witnesses
Supporting documents (titles, tax dec, bank letters)

For Texas notary + apostille

SPA draft (with Texas acknowledgment block)
Government ID
Notary fee
Apostille submission: cover sheet/form, fee, prepaid return label, and envelope

For Philippine use

Original SPA (consularized or apostilled)
Attorney-in-fact’s IDs
Property/bank/government papers related to the transaction

10) Frequently Asked Points

Do I need both consularization and apostille? No—one or the other is sufficient.
Is a jurat acceptable instead of an acknowledgment? Most Philippine recipients expect an acknowledgment for SPAs (it proves voluntary execution). Use a jurat only if specifically required.
Can a non-Filipino principal issue an SPA for use in the Philippines? Yes. Nationality is not determinative; the formality (notarization + apostille or consularization) is what matters.
Can the attorney-in-fact be in the Philippines while I sign in Houston? Yes. The SPA travels to the attorney-in-fact; attach IDs and supporting docs.
Can I authorize multiple attorneys-in-fact? Yes, specify whether they act jointly or severally.

11) Practical Templates and Drafting Tips

Include price floors for sales, identify payment channels, and authorize receipt of funds if needed.
For property: insert TCT/CCT No., Lot/Block, Project/Subdivision/Condo name, City/Municipality, Province.
For BIR/Registry: authorize the agent to sign returns, pay taxes, receive CAR, submit/claim documents.
Add a data privacy consent clause authorizing the agent to access personal data and government records necessary to perform the acts.
Insert a governing law/venue clause for disputes between principal and agent (optional).
Provide specimen signatures of the principal and the attorney-in-fact.

12) Key Takeaways

In Houston, you can validly create a Philippine SPA via: (A) Consular notarization at the Philippine Consulate in Houston (no apostille needed), or (B) Texas notarization followed by a Texas apostille.
For real-property and other significant transactions, the SPA must be special (specific acts and property) and in a public instrument.
Wet-ink originals remain the safest bet for smooth acceptance in the Philippines.
Verify recipient-specific requirements (banks, developers, registries) early to avoid re-execution.

Disclaimer

This is general information for educational purposes and not legal advice. Specific transactions (real estate, bank mandates, litigation, or corporate actions) may require tailored drafting and recipient-specific formats. Consider consulting counsel or the receiving institution before execution.