A Special Power of Attorney (SPA) is a written instrument where a principal authorizes an attorney-in-fact (agent) to perform specific acts on the principal’s behalf. In Philippine practice, an SPA is commonly used when the owner cannot personally appear to negotiate and sign documents for the sale of real property—for example, when the owner is abroad, busy, elderly, or located far from the property.

This article explains what an SPA to sell property is, when it’s required, how it should be drafted and executed, what it must contain to be accepted by banks, buyers, notaries, the BIR, and the Registry of Deeds, and includes a sample SPA template you can adapt.

1) Why an SPA is “special” (and why it matters for selling land)

In Philippine law on agency, some acts require express authority. Selling real property is one of those acts. A generic authority like “manage my properties” is often not enough for a sale. For property transactions, parties and institutions typically look for an SPA that explicitly authorizes the agent to:

Sell the identified property;
Negotiate and agree on price and terms;
Sign the Deed of Absolute Sale (or Contract to Sell/Deed of Conditional Sale);
Receive payment and issue receipts; and
Process documents with government agencies (BIR, Registry of Deeds, Assessor’s Office, etc.).

Key takeaway: If the intent is to sell, the SPA should say “sell” and should identify the exact property.

2) When you need an SPA (and when you may not)

You typically need an SPA when the registered owner (or required signatory) cannot personally do any of the following:

Sign the contract to sell / deed of sale;
Appear before a notary public to acknowledge the deed;
Submit/sign forms for tax clearance, BIR eCAR processing, and transfer paperwork; or
Sign bank/escrow documents (if required).

If the owner can personally sign everything and appear before the notary, an SPA may be unnecessary.

3) Who should sign: common scenarios to watch

A. Property is in one person’s name

The registered owner signs—or authorizes an agent via SPA.

B. Married owner / property acquired during marriage

Depending on the property regime and how/when the property was acquired, spousal consent may be required. Many buyers, banks, and registries will require either:

The spouse to co-sign the deed; or
A spouse-issued SPA, or a document evidencing authority/consent.

C. Co-owned property (siblings, heirs, business partners)

All co-owners generally need to sign the deed or issue an SPA to one representative.

D. Inherited property not yet transferred to heirs

Usually, the estate settlement must be completed (extrajudicial settlement/judicial settlement) and the title transferred before sale is cleanly registrable—though there are limited structures used in practice (with added risk). If you’re in this situation, proceed carefully and document everything.

E. Corporations/partnerships

Authority usually comes from board resolution/secretary’s certificate and corporate signing rules—not a personal SPA.

4) What makes an SPA acceptable in real property sales

In practice, an SPA to sell property is most likely to be accepted if it has:

Complete identities of principal and attorney-in-fact
- Full name, citizenship, civil status, address, and government ID details (ID type/number, date and place issued).
Clear property identification
- Title number (TCT/CCT), lot/unit number, location, area, technical description if available.
Express authority to sell
- Not merely “manage,” but “sell/transfer/convey” the specific property.
Authority to sign specific documents
- Deed of Absolute Sale; Contract to Sell; Deed of Donation/Swap (only if intended); acknowledgment receipts; escrow instructions.
Authority to receive money (or limit it on purpose)
- If you do not want the agent to receive proceeds, state that payment must be made directly to the principal or to a named escrow/bank account.
Authority to process taxes and transfer
- BIR forms, eCAR, local transfer tax, Registry of Deeds, Assessor’s Office.
Notarization
- In the Philippines: notarized by a Philippine notary public.
- Abroad: signed before a Philippine consular officer (consularized) or otherwise executed in a way acceptable for use in the Philippines, depending on destination-country formalities and local acceptance.
Date and place of execution
- Important for validity and for institutions’ internal checks.

5) Notarization, consularization, and practical “use in the Philippines” issues

If signed in the Philippines

Sign in front of a notary public.
Ensure the notary’s details and notarial register entries are complete.

If signed abroad

A common approach is to sign before a Philippine Embassy/Consulate so it is treated similarly to a notarized document for Philippine use. In many real transactions, this is the least-friction option because Philippine institutions are used to consularized SPAs.

Practical note: Even when an SPA is legally valid, acceptance can be an “institutional” issue. Buyers, banks, and registries often have strict preferences on format and authentication. Draft clearly and execute cleanly.

6) Duration, revocation, and what happens if the principal dies

Duration

An SPA can be for a specific transaction (recommended) or for a stated period.

Revocation

The principal can revoke the SPA at any time (subject to consequences if third parties relied in good faith and depending on circumstances).
Best practice: issue a written revocation, notarize it, and notify the agent and relevant parties (buyer, broker, bank, etc.).

Death/incapacity

Agency generally ends upon the principal’s death (and often upon legal incapacity), with narrow exceptions in some contexts. For real estate, do not assume the agent can proceed once the principal has died.

7) Risk management: how to avoid common SPA problems

Limit the authority: specify the property, minimum price, who receives payment, and whether the agent can sign addenda/price reductions.
Require escrow: direct that proceeds go to the principal’s bank account or escrow.
No substitution unless needed: do not allow the agent to appoint substitutes unless you trust the chain.
Attach ID copies and specimen signatures: makes verification easier.
Use specific document names: “Deed of Absolute Sale,” “BIR forms,” “eCAR,” etc.
Protect against self-dealing: prohibit the agent from selling to himself/herself or close relatives unless expressly allowed.
Match names exactly: ensure the principal’s name matches the title and IDs (including middle name/suffix).

8) Sample Special Power of Attorney to Sell Property (Philippines)

Important: This is a sample template. Adjust details to your situation, especially for marital/co-ownership and payment instructions.

SPECIAL POWER OF ATTORNEY (Know All Men By These Presents)

I, [FULL NAME OF PRINCIPAL], of legal age, [citizenship], [civil status], and resident of [address], with [ID type] No. [ID number] issued on [date] at [place] (hereinafter referred to as the “PRINCIPAL”), do hereby name, constitute, and appoint [FULL NAME OF ATTORNEY-IN-FACT], of legal age, [citizenship], [civil status], and resident of [address], with [ID type] No. [ID number] issued on [date] at [place] (hereinafter referred to as the “ATTORNEY-IN-FACT”), to be my true and lawful attorney-in-fact, for me and in my name, place, and stead, to do and perform the following special powers:

To Sell and Convey Property. To negotiate for, offer for sale, sell, transfer, convey, and dispose of my real property described below (the “Property”), under such terms and conditions as my Attorney-in-Fact may deem reasonable, subject to the instructions stated in this SPA:

Property Description:
- Title: [TCT/CCT No. ______]
- Registry of Deeds: [City/Province of RD]
- Location: [Complete address / barangay, city/municipality, province]
- Lot/Unit Details: [Lot No., Block No., Unit No., Floor, Condo Project if any]
- Area: [______ sq.m.]
- Other Identifiers: [Tax Declaration No. (if available), boundaries/technical description reference]
To Sign Documents of Sale. To execute, sign, and deliver for and on my behalf any and all documents necessary or incidental to the sale of the Property, including, but not limited to, a Deed of Absolute Sale, Contract to Sell, Deed of Conditional Sale, Deed of Assignment (if applicable), and any addenda, affidavits, undertakings, acknowledgments, receipts, and other instruments required to complete the transaction.
Price and Payment Instructions (choose and customize one): (A) Minimum Price: My Attorney-in-Fact is authorized to sell the Property for a price not lower than PHP [________]. (B) Receipt of Payment: My Attorney-in-Fact is authorized to receive the purchase price and issue official receipts/acknowledgments therefor. (C) Direct-to-Principal / Escrow (optional restriction): Notwithstanding the foregoing, payment shall be made directly to me through [bank name] account [account name/number] or through [named escrow arrangement], and my Attorney-in-Fact is authorized only to receive proof of payment and facilitate documentation.
To Process Taxes and Transfer. To do all acts necessary to process, pay, and secure clearances and documents for transfer of title, including dealing with:
- the Bureau of Internal Revenue (BIR) for filing and signing applicable tax forms, securing the Certificate Authorizing Registration (eCAR) or its equivalent, and paying related taxes/fees;
- the Local Government (Treasurer’s Office/Assessor’s Office) for transfer tax, tax clearance, tax declaration updates, and other requirements; and
- the Registry of Deeds for registration of the deed and issuance of a new title to the buyer.
To Submit and Receive Documents. To submit, present, and receive for and on my behalf any documents, titles, certificates, clearances, and correspondence necessary to consummate the sale and transfer, including claiming released documents from government offices and private entities.
To Represent Me Before Any Person or Office. To appear before any government office, bank, developer/condominium corporation (if applicable), homeowners’ association, or private person/entity in connection with the sale and transfer of the Property, to sign and file applications, and to do all lawful acts necessary to carry out the purpose of this SPA.
No Self-Dealing (optional but recommended): My Attorney-in-Fact shall not sell or transfer the Property to himself/herself, his/her spouse, or relatives within the [state degree, e.g., fourth] civil degree, unless I give separate written authority for such sale.
Substitution (choose one): (A) Without substitution: My Attorney-in-Fact shall not delegate or substitute these powers. (B) With substitution: My Attorney-in-Fact may appoint a substitute attorney-in-fact for specific ministerial acts, provided that such substitution shall be in writing and furnished to me.
Ratification. I hereby ratify and confirm all acts lawfully done and performed by my Attorney-in-Fact pursuant to this Special Power of Attorney.

This Special Power of Attorney shall be effective upon signing and shall remain valid until [completion of the sale/transfer of the Property] or until earlier revoked by me in writing.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month] [year], in [place of execution], Philippines.

[PRINCIPAL’S NAME] Principal

SIGNED IN THE PRESENCE OF:

[Witness Name] [Witness Name] [Address/ID optional] [Address/ID optional]

ACKNOWLEDGMENT (Philippines)

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

BEFORE ME, a Notary Public for and in [City/Municipality], this [date], personally appeared:

Name: [Principal’s Name] ID: [ID type and number] Date/Place Issued: [________]

known to me and to me known to be the same person who executed the foregoing Special Power of Attorney, and he/she acknowledged to me that the same is his/her free and voluntary act and deed.

This instrument, consisting of [number] page(s), including this page whereon this acknowledgment is written, has been signed by the Principal and his/her instrumental witnesses on each and every page.

WITNESS MY HAND AND SEAL on the date and place first above written.

NOTARY PUBLIC

Doc. No. ____; Page No. ____; Book No. ____; Series of ____.

9) Optional add-ons you may want (depending on your transaction)

Authority to mortgage (only if you want the agent to arrange financing using the property).
Authority to sign a Contract to Sell (some buyers want this first, before deed).
Authority to split proceeds / pay brokers (if commissions will be paid from proceeds).
Authority to sign condominium-specific documents (condo corp clearance, dues, transfer of shares if applicable).
Data privacy consent (some institutions request it for ID submission).

10) Practical checklist before you use an SPA to sell

✅ SPA explicitly says SELL and identifies the specific property
✅ Names match the title and IDs (spelling, middle name, suffix)
✅ Spousal/co-owner signatures or separate SPAs are addressed
✅ Payment handling is clearly stated (agent receives vs direct-to-principal/escrow)
✅ Notarized properly (or consularized if signed abroad)
✅ Agent has clear authority to process BIR/LGU/RD requirements
✅ You have a revocation plan (if the deal falls through)

If you want, paste your property details (title number, location, owner name as it appears on the title, and whether the owner is married/co-owned), and I’ll rewrite the sample SPA into a clean, ready-to-notarize draft with the right clauses and tighter wording.