Special Power of Attorney (SPA) for Overseas Use
Philippines – Comprehensive Legal Guide
1. What Is a Special Power of Attorney?
A special power of attorney is a written instrument by which a principal (also called the donor) confers one or more specific acts upon an agent (the attorney-in-fact). It contrasts with a general power of attorney, which grants broad authority over all of the principal’s affairs.
Under Philippine law, the SPA is a contract of agency and is governed primarily by:
| Source | Key Sections |
|---|---|
| Civil Code of the Philippines | Art. 1868 (agency defined) ; Arts. 1878-1890 (acts requiring SPA; form) ; Arts. 1919-1929 (extinguishment & revocation) |
| Rules on Notarial Practice 2004 (A.M. No. 02-8-13-SC) | Secs. 1-8 (formalities, identification) |
| Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (“Hague Apostille Convention”) | Entered into force for the Philippines 14 May 2019 |
2. Why a “Philippine SPA for Overseas Use”?
Most often, a Filipino residing or working abroad needs a trusted representative in the Philippines to:
- Sell, mortgage, lease, or donate land or a condominium unit
- Transact with banks, SSS, Pag-IBIG, or government offices
- Claim retirement benefits or renew a passport
- File or defend a lawsuit, sign settlement agreements, or appear at hearings
- Manage a business, motor vehicle, or intellectual-property registration
Conversely, a Philippine-executed SPA may need to be used abroad (e.g., appointing a Philippine-based agent to negotiate or sign contracts in another country). Either scenario triggers foreign authentication requirements.
3. Acts That Must Be Covered by an SPA
(Civil Code, Art. 1878)
| # | Specific act (must be expressly stated) |
|---|---|
| 1 | Sale, donation, mortgage, or any conveyance of real property or an interest therein |
| 2 | Execution of contracts which obligate the principal to give/receive personal property |
| 3 | Borrowing or lending money; making payments except those due on simple obligations |
| 4 | Making, endorsing, or accepting commercial papers (checks, bills of exchange, etc.) |
| 5 | Creating or releasing real-property or personal-property encumbrances |
| 6 | Compromises, arbitration agreements, confession of judgment |
| 7 | Marriage settlements (prenuptial agreements) |
| 8 | Other acts where the law or the contract requires an SPA (e.g., extra-judicial settlement of estate, appearance before DAR for agrarian cases) |
Failing to put any of the above powers in writing and in notarized form renders the agent’s act unenforceable or void.
4. Form & Content Checklist
| Element | Practical Details |
|---|---|
| Title | “Special Power of Attorney” or “Consular SPA” |
| Parties | Full legal names, citizenship, civil status, addresses, passport/ID details |
| Specific Powers | Enumerate each act clearly; mirror language of Art. 1878 where applicable |
| Date & Place of Execution | Vital for counting validity or notarization timelines |
| Period/Condition (optional) | State a fixed expiry date or event (e.g., “valid until 31 Dec 2026” or “until I return to the Philippines”) |
| Signatures | Principal must personally sign (no thumb-mark unless with two witnesses) |
| Witnesses | Good practice, and required if the principal signs by mark |
| Notarial Sector | Acknowledgment or jurat; principal must appear before the notary/consular officer |
| Attachments | Photocopy of valid ID/passport; sometimes the notary will staple this |
Tip: Use separate SPAs for unrelated transactions (e.g., one for land sale, another for bank matters) to avoid overbroad language that banks or registries may reject.
5. Notarization Outside the Philippines
| Option | Where & How |
|---|---|
| A. Philippine Embassy/Consulate (“Consular Notarization”) | The consular officer acts as a Philippines-commissioned notary public. The document bears a red-ribboned Consular Acknowledgment/Certification (pre-2019) or simply a consular seal. No apostille needed when used in the Philippines. |
| B. Local Foreign Notary + Apostille | Have it notarized by any competent local notary in the host country, then submit it to that country’s competent authority for apostille. The Philippines will accept the apostilled SPA without further consular authentication. |
| C. Local Foreign Notary + Consular Legalisation | If the host state is not a Hague apostille party, the notarized doc must be authenticated (“legalised”) at the Philippine embassy/consulate. |
Practical rule: If the SPA will be used in a Hague-member state, apostille it in the country of execution. If it will be used in the Philippines, apostille it only if the country of execution is a Hague member; otherwise, seek Philippine consular legalisation.
6. Notarization Within the Philippines for Use Abroad
Have the SPA notarized locally in accordance with the Notarial Rules.
Authenticate (apostille) it at the Department of Foreign Affairs (DFA) – Office of Consular Affairs, Pasay City, or any DFA Consular Office providing apostille service.
Check the destination country’s rules:
- Hague member → apostille suffices.
- Non-Hague member → forward the apostilled SPA to that country’s embassy/consulate in Manila for additional legalisation.
7. Registration & Filing Requirements
| Transaction | Where to File |
|---|---|
| Sale, mortgage, or lease (>1 yr) of real property | ROD where property is located (annotate on title) |
| Chattel mortgage | Chattel Mortgage Register (same provinces) |
| Litigation or court submission | Attach SPA to pleadings; must bear current apostille/consular seal |
| BIR transactions | Present original SPA and notarized copy |
| Banking/financial institutions | Each bank has internal validation; many insist on fresh apostille (≤1 yr) |
8. Lifespan, Revocation, and Extinguishment
| Mode | Key Points |
|---|---|
| By Principal’s Act | Written notice of revocation to agent AND third parties (Civil Code, Art. 1921). To protect innocent third parties, record revocation if the SPA is registered. |
| By Expiration | Lapse of fixed period or accomplishment of purpose. |
| By Death, Insanity, or Insolvency | Of the principal or the agent (Art. 1919), unless the SPA states it is “coupled with an interest” and thus survives. |
| By Dissolution | Of a juridical-person principal. |
| By Court Order / Operation of Law | E.g., declaration of nullity of the underlying contract. |
Practical advice: Always issue a written notice—plus newspaper publication for land-related SPAs—when revoking, to avoid unauthorised dealings.
9. Liability & Good-Faith Protection
- Agent’s liability: An attorney-in-fact acting within the SPA’s express authority generally binds the principal. Acting beyond authority can make the agent personally liable.
- Third-party protection: If the SPA is public-documented, notarized, and properly annotated, third parties can safely rely upon it.
- Forgery or fraud: Victims may sue under Art. 1390 (voidable contracts) or Art. 1397 (actions for annulment) and pursue criminal charges for falsification (Revised Penal Code, Art. 171).
10. Drafting & Processing Tips
- Spell names exactly as in passports/TCT/CCT titles.
- Use the Philippine time/date format (e.g., “21 June 2025”) to avoid confusion.
- Initial each page (principal & witnesses) if the host country’s notary practice requires it.
- Bring two IDs: one for notarial identification, one backup.
- Check whether a certified translation is needed if the receiving office uses a language other than English/Filipino.
- Photocopy the apostilled document before mailing; the DFA keeps no duplicate.
- Courier the SPA via tracked mail; lost originals cannot be re-issued without repeating the entire process.
11. Common Pitfalls
| Pitfall | Consequence | Avoid by… |
|---|---|---|
| Vague blanket power (“to do anything on my behalf”) | Banks/ROD reject filing; possible fraud | Itemize each act; quote Art. 1878 |
| No personal appearance at notarization | SPA is void; may be refused authentication | Attend in person or use video-conferencing when allowed by host-country rules |
| Expired passport as ID | Notary refuses acknowledgment | Present valid passport or government ID |
| Using pre-2019 red-ribbon SPA after 2020 | DFA/ROD sometimes ask for apostille | Apostille older consular SPAs anew if questioned |
12. Templates & Format Suggestions (abbreviated)
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, JUAN DELA CRUZ, Filipino, of legal age, married, presently residing at 10 King St., Singapore 123456, bearing Passport No. P1234567A, do hereby APPOINT, NAME, and CONSTITUTE:
MARIA LOPEZ DELA CRUZ,
Filipino, of legal age, single, residing at 25 Mabini St., Malolos City,
Bulacan, Philippines, (TIN 123-456-789), as my true and lawful Attorney-in-Fact, for me and in my name, place, and stead, to do and perform the following specific acts:
1. To SELL… (full property description, TCT No. 12345, Lot 1, Blk 2, Psd-03-123456);
2. To SIGN the Deed of Absolute Sale, BIR Form 1706, One-Time Transaction forms, and all transfer documents;
3. To RECEIVE the purchase price and issue acknowledgments/receipts…
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority…
IN WITNESS WHEREOF, I have hereunto set my hand this 21 June 2025 in Singapore.
___________________________
JUAN DELA CRUZ
Principal(Add acknowledgment block per host-country/consular form.)
13. Take-away Checklist (One-Page)
- Draft SPA with Art. 1878 powers enumerated
- Sign before consular officer or local notary
- Apostille or consularize (check host & destination countries)
- Send original to Philippine agent; keep scanned copy
- Agent to present SPA to ROD/bank/BIR together with IDs
- If purpose fulfilled or circumstances change, revoke in writing and record revocation
14. Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Specific situations may call for tailored drafting or additional steps (e.g., e-notarization, corporate board resolutions). Always consult a Philippine lawyer or the relevant embassy/consulate when preparing or relying on an SPA.
Updated as of 21 June 2025 (Asia/Manila).