Requirements for a Special Power of Attorney (SPA) Executed in the USA for Use in the Philippines

Last updated based on generally applicable rules as of 2025. This is general information for the Philippine context and not legal advice.

1) What a Special Power of Attorney Is—and When You Need One

An SPA is a written authorization where a principal empowers an attorney-in-fact to perform specified acts. In Philippine law, certain acts require express authority (a “special” power), notably:

Real estate: sell, mortgage, or otherwise encumber real property; create real rights (easements, usufruct); lease real property for more than one year.
Disposition/strict ownership: donations (beyond customary/nominal), novation, compromise, settlement, confession of judgment, waiver, partition, acceptance/repudiation of inheritance.
Credit/security: borrow money (unless clearly urgent and indispensable), act as guarantor/surety, enter into a partnership on behalf of the principal.
Other acts not usually incident to ownership: payments not ordinarily made by an owner; ratification of prior acts, etc.

If your goal falls within these categories, draft an SPA that names the act clearly and specifically. Generic language (“to do all acts necessary and proper”) is not enough for these items.

2) Two Valid Philippine Routes If You’re in the United States

You can create a Philippine-usable SPA from the USA by either of the following:

Route A — U.S. Notary + Apostille

Sign before a U.S. notary public (or via valid state-authorized remote online notarization, “RON,” if allowed in the signing state).
Obtain an Apostille from the competent authority of the state where notarization occurred (typically the Secretary of State).
Send the original apostilled SPA to the Philippines for use.

Because both the USA and the Philippines are parties to the 1961 Hague Apostille Convention, an apostille replaces consular legalization. No Philippine consular authentication is required for apostilled U.S. documents.

Route B — Philippine Embassy/Consulate Notarization (Consular Acknowledgment)

Appear personally at a Philippine Embassy/Consulate and sign the SPA there.
The consulate issues a Consular Acknowledgment/Notarial Certificate (a Philippine public document).
Send the consular-notarized original to the Philippines.

This route does not require an apostille because the document is already a Philippine public document issued by a Philippine foreign service post.

Which route to choose?

Choose Route A if a state apostille is convenient (often fastest by mail within the U.S.).
Choose Route B if you prefer a Philippine form and direct consular handling (useful where local agencies are very particular).

3) Substantive Drafting Requirements (Philippine Law Lens)

A valid SPA must satisfy the Civil Code requisites of consent, object, and cause and should be in writing with acknowledgment (i.e., notarized) to become a public document admissible and self-authenticating in Philippine proceedings and registries.

A. Parties & Identification

Principal: full name (as in passport), civil status, nationality, current U.S. address.
Attorney-in-fact: full name, civil status, nationality, Philippine address and government ID details (e.g., TIN, if relevant to the transaction).
If married property is involved: include spousal consent or have both spouses as principals, depending on the property regime (absolute community, conjugal partnership, or separation of property).

B. Specific Powers (Use Exact, Concrete Language)

For example, for a real estate sale:

Full property description: TCT/CTC number, lot/block, area, location, tax declaration, and boundaries if available.
Authority “to sell the property to any buyer, for not less than PHP [amount], to sign the Deed of Absolute Sale, acknowledge the deed, receive and issue receipts for the purchase price, pay necessary taxes and fees, and secure transfers with the Register of Deeds, Assessor, and BIR.”

Other common inclusions:

To mortgage (state maximum loan amount, lender, term, security).
To lease (term, rent, use).
To represent before: BIR, LRA/Registry of Deeds, Assessor’s Office, DHSUD/HLURB, PSA, banks, and utility companies.
To open/close bank accounts or sign banking instruments (banks often require their own forms in addition to the SPA).
To receive mail/documents, claim titles, obtain CTCs, apply for clearances, etc.
To appoint substitutes (optional; allow “substitution” only if you want the agent to delegate).

C. Attachments & Proofs

Principal’s ID (passport bio page) attached to the SPA.
Attorney-in-fact’s ID copies for agency filings in the Philippines.
Marital documents where relevant (marriage certificate; titles annotated with marital status).
Corporate authority if the principal is a company: board resolution/secretary’s certificate, proof of incumbency, and constituent documents; notarized and apostilled if executed in the U.S.

D. Validity/Effectivity

State when the SPA takes effect and whether it has an expiration (optional).
By default, an SPA is effective until revoked, fulfilled, or extinguished by law (e.g., death or civil interdiction of the principal). Many offices informally prefer SPAs dated within 1 year; consider adding a reasonable validity if you expect long processing times.

4) Formalities in the United States (Route A)

Draft the SPA in English (preferred) using Philippine-style clauses and property identifiers.
Notarize in the state where you sign:
- In-person: present valid ID; sign before the notary.
- RON (if available): confirm your state permits remote notarization and that the notarial certificate clearly indicates remote procedure per state law.
Apostille from the state’s competent authority:
- Submit the original notarized SPA (or certified copy if required) with the state’s fee and request form.
- You’ll receive an apostille certificate stapled/riveted to the SPA. Do not detach it.
Courier the apostilled original to your attorney-in-fact or closing office in the Philippines.

Tip: If your SPA includes multiple notarial certificates (e.g., acknowledgments for attachments), apostille each notarial act the receiving office expects to rely on.

5) Formalities at a Philippine Embassy/Consulate (Route B)

Book an appointment and bring:
- Draft SPA (many posts have templates; you can also bring your own).
- Valid passport (and marital/corporate papers if relevant).
Execute and acknowledge the SPA before the consular officer.
The post issues a Consular Notarial/Certificate of Acknowledgment with seal.
Courier the consular-notarized original to the Philippines.

Consular documents are typically accepted without apostille in Philippine offices because they are Philippine public documents.

6) Using the SPA in the Philippines (Common Receiving Offices)

Registry of Deeds (LRA): required for deeds involving real property (sale, mortgage, release). Expect to submit the original SPA (apostilled/consular-notarized), IDs, and supporting documents.
BIR: for capital gains/creditable withholding tax, Documentary Stamp Tax, TIN matters, eCAR issuance; attach the SPA when the attorney-in-fact signs returns or deeds.
Local Government/Assessor/Treasurer: for transfer tax and assessment changes.
Banks: may require bank-specific SPA forms or additional consents even with a valid SPA.
Courts and Quasi-Judicial Bodies: counsel still needs written authority from the party; an SPA can authorize a non-lawyer for specific administrative acts, but court appearance and pleading signing generally require a member of the Philippine Bar.

Original vs. copies: Many agencies insist on presenting the original SPA; have it scanned, but avoid laminating; bring extra certified photocopies.

7) Language, Format, and Notarial Certificates

Language: English or Filipino. If another language is used, attach a sworn translation (preferably notarized and apostilled if made in the U.S., or notarized in the Philippines).
Notarial block: Ensure the U.S. notary’s acknowledgment certificate includes state/county venue, date, name of principal as appearing on ID, notary signature, stamp, and commission expiry.
Apostille: Must clearly reference the notarial act being certified (document title, date, notary name).
Pagination: Initial every page, sign on the signature page, and avoid loose attachments; if annexes are attached, ask the notary to reference page counts or attach a notarial certificate that covers the entire set.

8) Special Situations

A. Married or Co-Owned Property

If property is conjugal/ACP, secure spousal consent or a separate SPA from the spouse.
If only one spouse signs and the property is conjugal, many registries will deny registration.

B. Multiple Principals or Multiple Attorneys-in-Fact

State whether attorneys-in-fact act jointly or severally. “Jointly and severally” reduces scheduling friction but increases risk—grant only the powers and thresholds you truly intend.

C. Corporate Principals

Attach a Board Resolution or Secretary’s Certificate authorizing issuance of the SPA and naming the signatory.
Notarize and apostille those corporate authority papers if executed in the U.S.

D. Remote Online Notarization (RON)

Acceptability in the Philippines depends on state law validity, a proper notarial certificate, and the apostille. If any Philippine office is uncertain, offer Route B instead.

E. Minors, Persons with Disability, or Guardianship

Guardians or parents acting for minors typically need court appointment or proof of parental authority; for dispositions of property, a court order may be required.

9) Revocation, Replacement, and Death of the Principal

Revocation must be in writing, ideally notarized and (if executed in the U.S.) apostilled or consular-notarized.
Serve notice to the attorney-in-fact and third parties who might rely on the SPA (banks, registries).
For real property, submit the revocation to the Registry of Deeds for annotation on the title to protect against future reliance.
Agency is generally extinguished by the death of the principal or agent; actions taken in good faith without knowledge of death may have limited protection—prompt notice is still critical.

10) Practical Checklist (USA → Philippines)

Before signing

Spell out exact powers (sell which property? to what minimum price? mortgage up to what amount?).
Confirm names, marital status, and IDs.
Add duration or termination conditions if desired.
Decide Route A (U.S. notary + apostille) or Route B (PH consulate).

If Route A

Notarial certificate is complete and legible.
Obtain state apostille (do not detach).
Ship original to the Philippines.

If Route B

Book consular appointment, bring IDs and documents.
Sign at post; receive consular acknowledgment.
Ship original to the Philippines.

In the Philippines

Bring original SPA, IDs of agent, supporting papers.
Prepare agency-specific forms (bank, BIR, LRA).
Keep certified copies; avoid lamination.

11) Sample Skeleton (Illustrative Only)

SPECIAL POWER OF ATTORNEY I, [Full Name of Principal], of legal age, [citizenship], [civil status], with residence at [U.S. address], do hereby name, constitute, and appoint [Full Name of Attorney-in-Fact], of legal age, [citizenship], [address in the Philippines], as my true and lawful attorney-in-fact, to do and perform the following acts in my name and stead, to wit:

To sell the property covered by TCT No. [___], located at [address], more particularly described as [legal description], for a price not less than PHP [amount], and to sign the Deed of Absolute Sale, acknowledge the same, receive the purchase price, and secure transfer with the BIR, Registry of Deeds, Assessor, and other agencies;

To pay all taxes, fees, and charges and to sign applications, affidavits, and receipts necessary for the foregoing;

To represent me before government offices (BIR, LRA/ROD, LGU, PSA), banks, and utilities concerning the foregoing; and

To appoint a substitute (optional) and to do all acts necessary to fully effectuate the above specific purposes.

This authority shall be effective upon signing and shall expire on [date] (or “remain in force until revoked in writing”).

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

(Notarial Acknowledgment—use the state-specific form required by the notary.)

12) Frequent Pitfalls to Avoid

Vague powers for transactions that legally require special authority.
Missing apostille for Route A, or detaching the apostille from the document.
No spousal participation/consent for marital property.
Bank or BIR forms omitted even with a valid SPA.
Expired notary commission or incomplete notarial block.
RON without clear indication of the remote procedure in the certificate (some state forms differ).
Old SPAs (even if legally valid) being rejected under office policies—refresh if older than ~1 year.

13) Quick Q&A

Is an SPA notarized in the U.S. valid in the Philippines without apostille? Generally no—obtain an apostille, unless it was executed at a Philippine Embassy/Consulate.

Do I need two witnesses? U.S. notarization doesn’t usually require witnesses, but some Philippine receiving offices prefer them. If feasible, include two witnesses who also sign; the notarial act should still comply with state requirements.

Can I email a scanned copy? For review, yes; for registration/closure, most offices require the original apostilled/consular-notarized SPA.

Does the SPA need a Philippine notary after arrival? No. An apostilled U.S. notarization or a consular acknowledgment already renders it a public document for Philippine use.

14) Bottom Line

To use a U.S.-executed SPA in the Philippines, either (A) U.S. notary + state apostille, or (B) sign at a Philippine Embassy/Consulate. Draft powers specifically, attach IDs/supporting papers, and bring the original to the receiving office in the Philippines. For real property, be meticulous with property descriptions, spousal participation, taxes, and registration steps.

If you want, I can tailor a transaction-specific SPA (sale, mortgage, bank handling, estate matters) with your facts and turn it into a ready-to-sign document.