Special Power of Attorney (SPA) Costs in the Philippines
A step-by-step guide to every peso you’ll spend—from drafting to apostille
1. What an SPA is (and why cost matters)
A Special Power of Attorney is a written authorization giving an “attorney-in-fact” the power to do a specific act on the principal’s behalf—e.g., sell a parcel of land, process a bank loan, collect benefits, or sign a contract. Because third parties (banks, registries, courts) insist on strict formalities, an SPA is useless unless it is properly drafted, stamped, and notarized—all of which carry fees.
Key legal anchors:
| Provision | What it covers |
|---|---|
| Civil Code, Art. 1878–1879 | Enumerates acts that must be in a public instrument (notarized SPA) |
| Rule 138, Rules of Court | Allows non-lawyers to appear in court only with a duly executed SPA |
| 2004 Rules on Notarial Practice | Caps and regulates notarial fees |
| NIRC § 179, as amended by RA 10963 (TRAIN) | Documentary Stamp Tax (DST) on “powers of attorney”—₱10 per original |
| Hague Apostille Convention (effective 14 May 2019) | Replaced “red-ribbon” consular authentication for most countries |
2. Cost components inside the Philippines
| Step | Typical range (Metro Manila) | Notes |
|---|---|---|
| Drafting fee (lawyer) | ₱1 000 – ₱3 000 for a simple one-page SPA; ₱5 000 – ₱10 000+ for multi-party, bilingual, or property-sale SPAs | DIY templates are free, but errors can be costly. |
| Notarial acknowledgment | ₱200 – ₱500 (solo practitioner) ₱500 – ₱1 500 (mid-size firm) |
2004 Rules let NCR notaries charge up to ₱200 for the first page and ₱50/page thereafter, but many bundle drafting + notarization. |
| Documentary Stamp Tax | ₱10 per original SPA (NIRC § 179) | Pay via eDST (BIR eFPS/EFPS banks) or buy traditional documentary stamps and affix them before notarization. |
| Photocopies & ID certification | ₱3 – ₱10 per page | Notaries normally keep one signed copy. |
Total out-of-pocket for a straightforward, locally executed SPA: ₱210 – ₱3 500+ depending on who drafts it.
3. Extra expenses when the SPA is executed abroad
| Item | Cost | Where paid |
|---|---|---|
| Notarial fee (local foreign notary) | Varies by country (e.g., US$15-35 in the U.S.) | Local notary |
| Apostille of the foreign notarization | US$20-25 (typical for U.S. states) £30 in the U.K. HK$125 in Hong Kong |
Competent authority of that country |
| OR Philippine Consular notarization (“red-ribbon” where apostille not available) | US$25 per document + US$25 for each duplicate | Philippine Embassy/Consulate |
| Courier to PH | US$40 – US$80 (FedEx/DHL) | Carrier |
| Translation (if not in English/Filipino) | US$40 – US$100 per page + notarization of the translation | Certified translator + notary |
| Authentication at DFA Manila (if document is foreign but not apostilled) | ₱200 regular (3-4 working days) ₱400 expedited (same-day) |
DFA Office of Consular Affairs |
Combined overseas costs can easily run from US$70 – US$250 (₱4 000 – ₱14 000) per SPA.
4. Add-ons linked to the purpose of the SPA
Sale of real property
- Registry of Deeds annotation: ≈ ₱1 010 base fee + ₱20 ITF + minor legal research fee
- BIR capital gains clearance: no extra cost for SPA, but processing uses the SPA as a supporting document.
Bank loan or mortgage
- Banks sometimes require consularized SPA even if apostille-recognized; budget for courier and consular fee.
Court appearance
- Filing a “Notice of Appearance with SPA” is covered by regular filing fees—no extra for the SPA itself.
Business registration (SEC/BIR)
- SEC accepts notarized SPA with ₱10 DST; no separate SEC fee.
5. Cost-saving tips
| Tip | Savings |
|---|---|
| Prepare a solid draft before visiting the notary. | Cuts lawyer time; some notaries drop drafting fees if you bring the text. |
| Bundle multiple authorizations in one SPA. | You pay ₱10 DST and one notarization no matter how many acts are listed (so long as they relate to one attorney-in-fact). |
| Use e-notarization portals (where available). | Same DST; notarial fee often lower (₱150 – ₱300) and no travel costs. |
| Leverage the Apostille Convention. | If the foreign country is apostille-party, skip the US$25 consular fee and longer processing time. |
| Check if you qualify for PAO/legal-aid notarization. | Low-income litigants may have notarial fees waived upon proof of indigency. |
6. Frequently asked questions
| Question | Short answer |
|---|---|
| Is DST really only ₱10? | Yes. Section 179 sets ₱10 per original after TRAIN (2018); photocopies don’t need DST. |
| Do I need to register an SPA with BIR or SEC? | Generally, no. The DST payment is sufficient proof of compliance. |
| Must an SPA be printed on bond paper? | Not legally required, but courts and registries prefer 8½ × 13 legal-size. |
| How many originals should I sign? | At least two: one for the attorney-in-fact, one for the party (bank, registry, court) that will retain it. Each original needs its own ₱10 DST and notarial stamp. |
| When does an SPA expire? | On the date specified inside, upon revocation, or upon death/incapacity of the principal—whichever comes first. Cost of revocation mirrors the original (drafting, ₱10 DST, notarization). |
7. Sample cost breakdowns
| Scenario | Breakdown | Expected total |
|---|---|---|
| Simple SPA for Pag-IBIG loan, notarized in Makati | Drafting ₱0 (template) + Notary ₱300 + DST ₱10 | ₱310 |
| OFW in Dubai giving SPA to sell land | UAE notary AED 150 (~₱2 000) + UAE apostille AED 150 + DHL to PH ₱3 000 + Title annotation ₱1 050 + Local photocopies ₱50 | ≈ ₱6 500 |
| Corporate SPA authorizing multiple officers | Lawyer drafting ₱8 000 + Notarization ₱1 000 + DST ₱10 + Multiple certified copies ₱200 | ₱9 210 |
8. Checklist before you pay
- Draft the SPA with clear, specific powers.
- Sign in front of the notary (or Philippine consular officer abroad).
- Affix the ₱10 DST (or ask the notary to affix eDST).
- Secure at least two originals (each with notary seal and DST).
- Apostille//Consularize if signed abroad.
- Send/submit the SPA to the institution requiring it.
9. Bottom line
A plain-vanilla, locally executed SPA can cost well under ₱500 if you draft it yourself; lawyer-prepared documents, complex authorizations, or foreign execution can push the budget into the four-figure peso range or low three-figure U.S. dollars. Knowing every fee line—drafting, notarization, DST, apostille, translation—helps you budget accurately and avoid unpleasant surprises.
Disclaimer: This article is for general guidance only and is not a substitute for competent legal advice. Laws and fee schedules occasionally change; always confirm current rates with the Bureau of Internal Revenue, the Department of Foreign Affairs, or your chosen notary public.