SPA Witness Requirements in the Philippines vs. Abroad

(Philippine context; comprehensive guide)

What is an SPA and when it must be in writing

A Special Power of Attorney (SPA) authorizes an agent (attorney-in-fact) to perform acts for a principal. Under the Civil Code, certain acts require a special authority in writing (e.g., sale or mortgage of real property, settlement of claims, compromise, litigation, borrowing, creating real rights, etc.). While an SPA is, by nature, a private document, it is typically notarized so it becomes a public instrument that can be relied on by third parties and registries.

Core concepts you’ll see mentioned

Acknowledgment vs. Jurat.
- Acknowledgment: the signer personally appears before the notary and acknowledges that the signature is theirs and the act is voluntary.
- Jurat: the signer personally appears, swears/affirms the truth of the document, and signs in the notary’s presence. Most SPAs use an acknowledgment.
Personal appearance. The principal must appear before the notary (or consular officer) at the time of notarization—no remote appearance unless a specific e-notarization framework applies (generally not available for Philippine notaries).
Competent Evidence of Identity (CEI). Government-issued photo ID(s) with signature (e.g., passport, UMID, driver’s license) presented to the notary/consul.
Credible witness(es). Used only for identity-proofing when the principal lacks CEI; different from “instrumental” witnesses to the act of signing.

A. SPA executed in the Philippines

1) Are witnesses required?

Generally, no. An SPA acknowledged before a Philippine notary does not require subscribing witnesses for validity. The ordinary case is: principal + notary + CEI.

2) When are witnesses required or commonly used?

Witnesses become relevant in specific, exceptional situations:

Signature by mark or by another person at the principal’s direction
- If the principal cannot sign (illiterate, physically unable), they may sign by mark (e.g., thumbprint) or direct another person to sign for them.
- Two disinterested instrumental witnesses must observe and sign, and the notary must note the circumstances.
- If a translator is used because the principal and notary do not share a language, the translator typically signs to attest to accurate translation; some notaries also require witnesses in this scenario as a prudential measure.
Identification via credible witness(es) (identity-proofing, not instrumental witnessing)
- Option A: One credible witness known to the notary and who personally knows the principal.
- Option B: Two credible witnesses not known to the notary, each personally knowing the principal and each presenting CEI.
- These credible witnesses sign the notarial register and are identified in the acknowledgment block or notary’s journal; they are not “witnesses to the document” in the traditional sense.
Institutional or transactional practice
- Some banks, government offices, or registries prefer two witness lines on SPAs (especially for real-property transactions) even though the law does not mandate them for a standard acknowledgment. Providing witness lines can prevent processing delays.

3) Practical checklist (Philippines)

Principal appears before a Philippine notary.
Bring at least one valid government photo ID (better: two).
If signing by mark/through another person → prepare two disinterested witnesses with IDs.
If lacking CEI → arrange credible witness/es per rule above.
If document will be used by conservative institutions → consider adding witness lines to avoid back-and-forth.
For property-related SPAs → ensure express authority (e.g., “to sell Lot ___ at not less than ₱___”) to satisfy Civil Code requirements on “special authority.”

B. SPA executed outside the Philippines (for use in the Philippines)

You have two mainstream pathways:

Path 1 — Philippine Consular Notarization (“consularized”)

You sign the SPA before a Philippine embassy/consulate officer acting as notary.
The consul follows consular rules (typically mirroring Philippine notarial standards): personal appearance + CEI.
Witnesses: Not generally required unless (i) you sign by mark/through another person, (ii) identity must be established by credible witness/es, or (iii) the post’s local procedure requires witness signatures.
Output: a consularized SPA acceptable in the Philippines without further authentication.

Path 2 — Local (foreign) Notary + Apostille

You sign before a local notary in the country where you are located, then obtain an Apostille from that country’s competent authority (if both the Philippines and that country are Apostille Convention parties).
Once apostilled, the SPA is recognized in the Philippines without consular legalization.
Witnesses: Governed by the local notarial law/practice. Some jurisdictions require one or two subscribing witnesses for powers of attorney; others do not.
Output: a locally notarized, apostilled SPA. Philippine recipients accept it as a public document.

If the country is not in the Apostille system, use consular legalization (the older chain: local notary → foreign ministry → Philippine embassy/consulate).

Extra points for foreign-executed SPAs

Language. If not in English or Filipino, provide a sworn translation. Some registries and banks require an attached translation under jurat.
Form sensitivity. Registries of Deeds, banks, and government agencies may prefer Philippine-style acknowledgment blocks. Many accept a properly apostilled foreign notarial certificate, but including a familiar Philippine form (plus the foreign notary’s certificate) often smooths processing.
Capacity & authority. If the principal is a corporation or partnership abroad, attach documents showing signatory authority (board resolution/secretary’s certificate, incumbency, etc.), apostilled as needed.
Dates & places. Keep the execution place and notarial venue consistent with the notary/consul used.

C. Side-by-side: who needs witnesses?

Scenario	Witnesses required?	Notes
Standard SPA in the Philippines (principal signs normally)	No	Personal appearance + CEI before PH notary.
Principal signs by mark or directs another person to sign	Yes: two disinterested instrumental witnesses	Notary must describe the circumstances.
Identity established by credible witness/es	Yes (credible witness/es)	For identity-proofing; distinct from instrumental witnessing.
SPA before PH consulate abroad	Usually no	Same exceptions as above (mark/translator/credible witness/es/local post rules).
SPA before foreign notary + Apostille	Depends on local law	Follow the host country’s witness rules; Apostille then makes it acceptable in PH.
Institution demands two subscribing witnesses (policy)	Practically yes	Not strictly legal necessity, but often expedites processing.

D. Content requirements you should not overlook

Specificity of powers. For acts listed by the Civil Code as requiring special authority (e.g., sale/mortgage/lease of real property; compromise; sue or be sued; borrow money; create real rights), the SPA must clearly and expressly grant that authority. Avoid vague catch-alls for land transactions.
Property descriptors. For real property: full description (title number, lot/block, area, location), minimum acceptable price, and authority to sign ancillary documents (deed, tax forms, BIR requirements, transfer documents, registry filings).
Validity period & revocation. State effectivity (or “until revoked”). Remember revocation should be notarized and served on the agent and third parties who relied on the SPA.
Marital property. If the principal is married and the transaction involves conjugal/community property, secure spousal consent or authority where applicable.
Multiple attorneys-in-fact. Specify whether they may act jointly, severally, or jointly and severally.
Substitution/delegation. If you want your agent to appoint a substitute, say so expressly and define limits.

E. Model acknowledgment blocks (for guidance)

Standard PH acknowledgment: “BEFORE ME, a Notary Public for and in ___, personally appeared ___ with government ID ___, known to me and to me known to be the same person who executed the foregoing Special Power of Attorney and acknowledged that the same is their free and voluntary act and deed.” (Notary’s details; doc no., page no., book no., series of __.)

With signature by mark: Add: “This instrument was signed by the principal by affixing their thumbmark/mark in my presence and in the presence of two disinterested witnesses, namely: [Name, ID] and [Name, ID], who likewise signed and witnessed the same. I further certify that the contents were read and explained to the principal, who appeared to fully understand the same.”

With credible witnesses (identity-proofing): Add: “Identity was established through [one/two] credible witness[es], namely: [Name/s, ID/s], in accordance with the Rules on Notarial Practice.”

(Tailor wording to the notary’s preferred template.)

F. Typical document packages

If executed in the Philippines

SPA with acknowledgment.
Photocopy(ies) of the principal’s ID(s).
If applicable: witness IDs, translator statement, supporting docs (e.g., title, tax dec, board resolution).

If executed abroad—consular

SPA signed before consul; consular seal and certificate attached.
Copies of presented IDs; any required witness/translator attestations.

If executed abroad—apostille

SPA notarized under local law (with any required witnesses).
Apostille attached to the notary’s certificate (or to the SPA if the jurisdiction attaches directly).
Sworn translation if not in English/Filipino.
Corporate authority papers, apostilled as needed.

G. Common pitfalls (and how to avoid them)

No express authority for land sale/mortgage → include exact powers and minimum price.
Mismatched names/IDs → ensure names match IDs, titles, and tax records (include middle names, SRNs).
Forgot Apostille/consularization for foreign SPAs → attach the correct authentication.
Assuming witnesses are always required → they aren’t, except in special cases or by local/organizational policy.
Language barriers → provide a sworn translation and, if needed, have a translator’s statement signed with the notary/consul.

H. Quick reference flow

Where will you sign?
- Philippines → Notarize locally.
- Abroad → Choose PH consulate or local notary + Apostille.
Can you personally appear with valid ID?
- Yes → Proceed.
- No CEI → arrange credible witness/es.
- Cannot write a signature → arrange two disinterested witnesses for mark/assisted signature.
Will the SPA be used for real property or other “special authority” acts?
- Draft express, specific powers.
Any institutional quirks?
- If dealing with a bank/Registry of Deeds, consider adding two witness lines and staple in required attachments to avoid delays.

Final notes

The foregoing captures prevailing rules and practice on SPAs in the Philippine setting—including how witness requirements differ depending on execution in the Philippines versus abroad.
Always align the final form with the receiving office’s checklist (banks, BIR, Registry of Deeds, courts), which may add procedural requirements beyond the legal minimum.
For complex, high-value, or cross-border transactions, consult Philippine counsel to tailor the SPA, especially on express authorities and property descriptions.