Here’s a practice-oriented explainer on Special Power of Attorney (SPA) Expiration Rules in the Philippines—what actually makes an SPA “expire,” when it keeps working (even after death), how revocation must be done to bind third parties, and how agencies/registries treat “old” SPAs in real life. This is written for individuals, in-house teams, brokers, and lawyers who prepare or rely on SPAs.

What a Special Power of Attorney is (and why “special” matters)

Agency is a contract where the principal authorizes an agent/attorney-in-fact to act on their behalf.
A Special Power of Attorney is required for specific, consequential acts (Civil Code “acts requiring special power”), e.g., sale/mortgage/lease (>1 year) of real property, creation/extinguishment of real rights, donation, compromise, novation, waiver, partition, borrowing/lending, acceptance/repudiation of inheritance, and other dispositions that affect ownership or long-term obligations.
“Special” does not mean “short-lived.” It means specific (the act/object/terms must be clearly described).

Ways an SPA ends (“expires”) under the Civil Code

An SPA does not lapse just because time passes. It expires by any of these legal events (you can also combine more than one in the document):

Expiration by term
- If the SPA states a fixed date (“valid until 31 Dec 2026”), authority ends at 12:00 midnight of that date unless the act began and cannot be completed without fault of the agent (rare; safer to re-issue).
Expiration by accomplishment of purpose
- If the SPA is purpose-specific (“to sell Unit 3B of X Condominium to Y for ₱Z”), it expires upon completion (deed signed and delivered; funds received), even without a date.
Revocation by the principal (at will, generally)
- The principal may revoke anytime, except when the agency is (a) coupled with an interest or (b) the means to fulfill an existing obligation (see “Irrevocable” below).
- Effectivity against the agent: upon notice to the agent.
- Effectivity against third persons: only when they know of the revocation (actual notice, public notice, or registration/annotation where applicable).
Withdrawal (renunciation) by the agent
- The agent can quit, but must give due notice and may owe damages if timing causes loss and there’s no just cause.
Death, civil interdiction, insanity, or insolvency of the principal or the agent
- General rule: agency is extinguished.
- Important carve-outs:
  - If the agency is coupled with an interest (or “in the common interest” of principal and agent/third person), it is not revoked by death and is not revocable at will so far as that interest requires.
  - Acts done in good faith by the agent without knowledge of the death/incapacity bind the estate as to third persons who also lacked knowledge.
- Practical impact: for property deals, registries and banks usually require an Affidavit of Non-Revocation and Non-Death from the agent, and sometimes proof that the principal is alive as of execution/consummation.
Dissolution/merger of a corporate principal or agent
- Dissolution generally terminates the mandate (subject to winding-up). In a merger, the surviving corporation succeeds to the mandate unless the SPA/board resolution says otherwise.
Loss of the thing or impossibility/illegality of performance
- If the property is destroyed, sold by the principal personally, or new law makes the act illegal, the SPA ends by impossibility.

“Irrevocable” SPAs: when “expiration by revocation” is blocked

An SPA is irrevocable (to the extent of the protected interest) when:

It is coupled with an interest—e.g., the agent lends money secured by authority to sell a specific asset if unpaid; or the agent is a co-owner with a stake in the sale proceeds.
It is the agreed means to perform a bilateral obligation—e.g., escrow/closing instructions compelling an attorney-in-fact to deliver title/documents.

Consequences:

The principal cannot revoke at will to defeat the protected interest.
Death of the principal does not terminate the agency as to that interest.
Third parties still rely on notice/registration rules (see below).

Third-party protection: notice and registration are critical

Between principal and agent, revocation/expiration is straightforward (by term, purpose, notice).
As to third persons, the principal is bound by the agent’s acts until third persons know of the revocation/expiration.
Best practices to cut off reliance:
- Serve written notice of revocation to the agent and known counterparties/brokers/banks.
- Public notice (e.g., newspaper or online posting) is helpful where counterparties are diffuse.
- Register/annotate the SPA (or its revocation) when the transaction touches registered property (e.g., annotation on the Transfer/Condo Certificate of Title) or chattel mortgage records. If the SPA was annotated, file and annotate the revocation; otherwise a buyer in good faith may still rely on the annotation.
- For banking/stock transfers, notify the custodian/issuer/transfer agent in writing and follow their specimen-signature procedures.

“Old” SPAs and institutional validity rules (law vs. practice)

Law: An SPA has no shelf-life just because it’s older than 6 or 12 months. If not revoked, the principal is alive and capacitated, and the purpose remains, it’s still valid.
Practice: Many registries, banks, and developers impose freshness requirements (e.g., executed within 1 year), or they ask for:
- Affidavit of Non-Revocation/Non-Death (agent’s sworn statement that the SPA remains subsisting and the principal is alive and competent).
- Recent IDs and proof of life (video call, “presented at counter,” embassy acknowledgment).
- Board resolutions (for corporate principals) within 3–6 months of use.
Tip: When a closing is months away, either (a) build in a validity clause (“effective until completion of X and all closing acts”), (b) plan to execute a confirmatory SPA near completion, or (c) secure a non-revocation affidavit on closing day.

Formalities that affect usability (and perceived “expiration”)

Notarization (Philippine SPA): Required for registries/banks and for acts that themselves require notarized instruments (e.g., sale/mortgage of land).
Executed abroad: Must be acknowledged before a Philippine consular officer or executed per local law and apostilled under the Hague Convention. Some offices still want consularized forms; check target office practice.
Specificity: A special power must clearly describe the act/object (property description, price range, counterparty, authority to receive payment, sign tax returns, get clearances, etc.). Vague SPAs “expire” in practice because counterparties refuse to rely on them.
Substitution/Delegation: If allowed, state whether the agent may appoint a substitute; revocation of the main agent does not automatically notify third parties dealing with the substitute unless you give notice.

Real property deals: when exactly does authority end?

Sale authority ends when the deed is executed and delivered per the SPA terms (often including authority to receive the price, sign tax returns, secure clearances, and deliver possession). If the SPA doesn’t include these ancillary acts, the agent may be unable to complete closing, forcing a new SPA.
If the SPA is annotated on title, it remains visible to buyers until a revocation/expiration annotation is made. Annotating the revocation is the safest way to stop reliance.
If the principal dies before consummation:
- General rule: authority ends; the estate/heirs must sign.
- Exception: agency coupled with interest or acts already done in good faith without knowledge of death may still bind the estate as to innocent third persons. Expect the registry to require heir/estate documents if death is known.

Corporate SPAs and board authority

Corporate SPAs must be supported by a board resolution (or secretary’s certificate) authorizing the signatory and the act.
The SPA “expires” if the board rescinds authority, the company dissolves, or the resolution’s validity window lapses.
In mergers, the surviving corporation typically succeeds to the SPA unless the board limits it.

How to revoke an SPA properly (so it “expires” against everyone)

Prepare a written Revocation of SPA, notarized (and apostilled/consularized if executed abroad).
Serve it on the agent (personal delivery, courier with proof of receipt, or email per parties’ agreed notice clause).
Notify third parties known to be dealing (banks, brokers, developers, registries, government agencies).
Register/annotate the revocation where the SPA (or its acts) are registrable (e.g., title/registry).
Retrieve/cancel specimen signatures at banks/issuers; issue a public notice if exposure is wide.
Document the date/time the agent and key third parties received notice; this date cuts off your liability for later acts.

Checklist: drafting an SPA that ages well

Clear purpose: “to sell/lease/mortgage [full legal description]; price not below ₱___; terms ___.”
Scope of closing acts: receive price, issue OR/acknowledgment, sign CGT/ DST returns, get CAR/tax clearances, deal with utility/association dues, hand over keys.
Validity clause: “effective until completion of the foregoing acts and related closing steps; shall not be revoked except by written instrument served on the attorney-in-fact and registered/annotated where appropriate.”
Irrevocability (only if justified): state the interest that makes it irrevocable (e.g., “authority is given as security for repayment of ₱___; shall subsist notwithstanding death until the obligation is satisfied”).
Substitution: allow or forbid delegation; if allowed, require substitute to present the instrument of substitution.
Governing law/forum and notice addresses (email and physical).
ID compliance: include IDs/specimen signatures; attach principal’s civil status proof if required by registry.
If executed abroad: tailor to host-country notarization/apostille practices.

Frequently asked questions

Does an SPA automatically expire after 1 year? No. There is no automatic one-year expiry in law. It ends by term, purpose, revocation, death/incapacity, dissolution, loss/illegality, or withdrawal. Some institutions prefer “fresh” SPAs and may require a non-revocation affidavit or re-execution.

If the principal dies, can the agent still sign? Generally no. Death terminates the agency—unless it’s coupled with an interest or the agent/third party had no knowledge of the death and acted in good faith; even then, registries often insist on estate/heir participation.

Can I revoke anytime? Yes, unless the SPA is coupled with an interest or is the means to perform an obligation. If you revoke, give notice to the agent and third persons (and annotate where relevant) so later acts do not bind you.

Our SPA had no date; the buyer wants comfort. What can we provide? An Affidavit of Non-Revocation/Non-Death from the agent, updated IDs, and, if applicable, board/secretary’s certificate. If the buyer is still uneasy, issue a confirmatory SPA.

Executed abroad years ago—still usable? If it was properly acknowledged/consularized/apostilled and not revoked, yes in law; expect local parties to ask for non-revocation affidavits and fresh IDs.

Templates (short, practitioner-ready)

A. Affidavit of Non-Revocation/Non-Death (agent)

I, [Agent], attorney-in-fact of [Principal] under SPA dated [date], do solemnly swear that said SPA has not been revoked, and that to my personal knowledge [Principal] is alive and capacitated as of today’s date; and that the SPA remains necessary to complete [describe act]. (Jurats, IDs, notarization.)

B. Revocation of Special Power of Attorney (principal)

I, [Principal], hereby REVOKE the SPA I executed on [date] appointing [Agent] for [purpose]. This revocation is effective upon receipt by [Agent] and shall be registered/annotated where applicable. All persons are notified to cease relying on said SPA from receipt hereof/annotation.

Bottom line

An SPA expires by term, purpose, revocation, death/incapacity/dissolution, or impossibility—not by the mere passage of months.
Irrevocable, interest-coupled SPAs can survive death and are not revocable at will, but only to the extent of the protected interest.
Against third persons, revocation/expiration works only with notice (and registration/annotation where relevant).
In practice, institutions often demand fresh confirmations (non-revocation affidavits, proof of life, updated IDs). Plan for these when drafting and closing.

This is general information for the Philippine setting and not legal advice. For high-value assets, estate situations, or cross-border closings, consult counsel to tailor your SPA, your revocation/notice strategy, and any required registry or bank filings.