A comprehensive legal guide for Filipinos in Saudi Arabia

1) What an SPA is and why it matters

A Special Power of Attorney (SPA) is a written authorization by which a principal appoints an attorney-in-fact to perform specific acts on the principal’s behalf—e.g., sell or mortgage property, claim benefits, open/close bank accounts, redeem a vehicle, appear before government offices, or sign documents in the Philippines. In Philippine law:

Civil Code: Powers of attorney must be express for acts of strict dominion (sale, mortgage, compromise, novation, waiver, etc.).
Form: An SPA intended for use in the Philippines should be acknowledged before a consular officer (or other officer authorized to perform notarial acts) so it becomes a public document admissible without further proof of authenticity.

Key takeaway: If you sign the SPA before a Philippine consular officer in Riyadh, it will generally be accepted in the Philippines like a document notarized there.

2) Who can execute an SPA at the Embassy

Natural persons (Filipino citizens; dual citizens; certain foreign nationals if the SPA will be used in the Philippines and the Embassy agrees to take the acknowledgment).
Competency: The principal must be of legal age, of sound mind, and personally appear before the consular officer.
Multiple principals: All must personally appear (or execute separate SPAs).
Corporate principals: Use a board resolution/secretary’s certificate authorizing a specific officer to sign the SPA; the signatory then appears with corporate IDs and proofs.

3) Core legal effect of a consular SPA

A consular Acknowledgment converts your SPA into a public document under Philippine rules; it becomes self-authenticating for court/agency use.
The SPA’s substantive validity (e.g., whether it sufficiently authorizes a sale) still depends on content and Philippine law on agency and property.

4) Typical requirements (prepare these before your appointment)

Exact checklists change over time; bring more rather than less. Originals are usually presented; some copies may be retained.

Valid government ID (Philippine passport strongly preferred).
Draft SPA text (printed and unsigned) or Embassy pro-forma SPA (if available).
Attorney-in-fact’s ID details (full name, civil status, address, birthdate; attach an ID photocopy if you have it).
Transaction documents supporting the authority you will grant, e.g.:
- Real property: Title (TCT/CTC no.), tax declaration, property address.
- Vehicle: Plate/engine/chassis nos., CR/OR.
- Banking/loans: Account number, bank branch, loan number.
- Government claims: Case/claim numbers (SSS, GSIS, Pag-IBIG, DOLE/POEA/DMW, courts).
Civil status evidence (if relevant to your signature block): PSA marriage certificate/annulment decree, etc.
If signing in your married name: bring proof of change of name.
For corporate SPA: board resolution/secretary’s certificate and signatory’s corporate ID.
Fees: Applicable consular notarization fee (amount and modes of payment vary; prepare cash/card as allowed).
Witnesses: Some posts require two witnesses of legal age to sign the SPA. If you don’t have companions, ask in advance whether staff can witness.

5) Step-by-step process at post (typical flow)

Book an appointment (walk-ins are often limited).
Arrive in person with IDs and documents; clear security.
Document check: Consular staff review your draft/pro-forma and IDs; you may fill in blanks and initial corrections.
Signing and acknowledgment:
- You sign the SPA in front of the consular officer.
- The officer completes a Notarial Acknowledgment (or Jurat, if it’s a sworn SPA) and affixes consular seal and details (place/date, name, commission).
Payment: Pay the notarial fee and obtain an official receipt.
Release: The Embassy returns the original SPA with the acknowledgment page attached. Keep the original; make certified copies if needed.

6) Using the SPA in the Philippines

Government agencies & banks: Present the original consularized SPA; bring your attorney-in-fact’s ID. Agencies may keep a photocopy; courts/registries may require certified copies.
Registry of Deeds / real property: For sales, mortgages, or other registrable acts, the SPA must specifically authorize the act and identify the property (TCT number, location). Vague authority can cause denial.
Duration: By default, an SPA is effective until revoked, the purpose is fulfilled, or the principal dies/incapacity occurs (unless the SPA provides an expiry date).
Revocation: Execute a Notice of Revocation of SPA (also acknowledged before a notary/consul); serve it on the attorney-in-fact, banks/agencies involved, and—if the SPA was used for real property—consider filing the revocation with the Registry of Deeds for annotation to protect against misuse.

7) Drafting the SPA correctly (content checklist)

Identify the parties clearly

Principal: name, citizenship, civil status, birthdate, passport no., KSA address.
Attorney-in-fact: name, civil status, Philippine address, ID no.

Grant of authority must be specific

Real property: “to SELL/MORTGAGE/LEASE” [describe property with TCT/lot/block], price/terms (floor or ceiling), ability to sign Deed of Absolute Sale, Deed of Mortgage, tax forms (BIR), transfer documents (RoD/LGU).
Banking/loans: open/close accounts, deposit/withdraw, inquire balances, receive statements, sign loan/restructuring documents.
Government transactions: claim/receive benefits, request certified copies, appear and sign before government offices (BIR, SSS, Pag-IBIG, GSIS, LRA/RoD, courts, LGUs).
Litigation: If you want representation beyond filing papers (e.g., to compromise/settle), state it expressly; compromises require special authority.
For vehicles: authority to sell/transfer/register, with plate, CR/OR, engine & chassis numbers.

Protective clauses

Accounting & reporting obligation of the attorney-in-fact.
No power to donate (unless expressly allowed).
Validity period (optional, recommended).
Ratification clause for acts within the granted authority.
Substitution: Allow or forbid substitution (naming substitute, if allowed).

8) Acknowledgment vs Jurat

Acknowledgment (most SPAs): You declare you voluntarily executed the SPA; identity verified; you do not swear to the truth of statements.
Jurat (sworn SPA): You swear/affirm the contents are true and sign before the officer. Some agencies prefer a jurat for affidavits coupled with authority.

9) If you cannot appear at the Embassy

Option A — Local (Saudi) notarization: Execute the SPA before a local notary and complete the applicable legalization/apostille chain so the document is recognized in the Philippines. (Agencies in the Philippines generally require foreign-notarized documents to bear the proper international/legalization authentication.) Option B — Separate signing by co-principals: If spouses or co-owners cannot appear together, each may execute separate SPAs; agencies will match them in the destination transaction.

Practical tip: Philippine agencies often prefer a Philippine consular acknowledgment for smooth processing. Use local notarization only if consular appearance is impossible.

10) Common reasons SPAs are rejected in the Philippines

Authority too general for strict dominion acts (e.g., “to manage my properties” but you need to sell a specific lot).
Property not identified (no TCT number or full description).
No express authority to compromise/waive/receive sale proceeds, when those acts are needed.
Outdated ID details or mismatched names (use consistent names across SPA and supporting documents).
No original presented (only a scan).
Revoked or expired SPA.
No marital consent where required (e.g., conjugal property dispositions need the other spouse’s consent or authority).

11) Special scenarios

OFW with expiring contract/travel: Execute two originals so your attorney-in-fact can submit one and retain another for parallel agencies.
Multiple transactions (e.g., sell and also transfer tax/title): Combine powers in one SPA or issue separate SPAs to match agency checklists.
For minors’ property/claims: Parents/guardians act—but court approval may be required for alienation or compromise involving a minor’s property/claims.
Estate matters: Heirs may need a mix of SPA and extrajudicial settlement (or court proceedings); tailor the SPA to authorize signing of deeds, BIR estate tax filings, and RoD submissions.
Court appearance: An SPA lets an agent appear and receive documents, but only a lawyer may practice law (argue, sign pleadings as counsel). If you want the agent to settle, say so expressly.

12) Good practice for risk control

Keep originals in a safe place; give your agent certified copies.
Track scope: Never grant more power than necessary. Use transaction-specific SPAs with end dates.
Evidence trail: Require your agent to send receipts, titles, bank slips; use a clause obligating accounting on demand.
Revocation protocol: If trust is lost, revoke in writing, serve notice to the agent and concerned entities, and (for real property) annotate with the Registry of Deeds.
Name and signature consistency: Use the same specimen signature you use for banks/registries; bring proof of name changes.

13) Sample SPA skeleton (for guidance)

SPECIAL POWER OF ATTORNEY I, [Full Name], Filipino, [civil status], of legal age, passport no. [____], and presently residing at [Riyadh address], do hereby APPOINT [Attorney-in-Fact’s Full Name], Filipino, [civil status], of legal age, residing at [PH address], as my true and lawful attorney-in-fact, to do and perform the following acts in my name, place and stead, to wit:

[Specific authority—e.g., to SELL] my property covered by TCT No. [____], located at [full description], for a price of not less than PHP [amount], and to sign Deed of Absolute Sale, BIR (e.g., 1706/1701/0605/1904), LGU and Registry of Deeds documents, pay taxes/fees, and receive the proceeds;

[Second authority—e.g., to transact with Pag-IBIG/SSS/banks] … ;

[Any special powers—compromise, substitution, etc.] I hereby ratify and confirm all acts lawfully done by my attorney-in-fact pursuant hereto. This SPA is valid until [date] unless sooner revoked in writing. [City], Kingdom of Saudi Arabia, [date]. [Principal’s printed name & signature]

(The Embassy will attach its Acknowledgment page and seal after you sign in person.)

14) Frequently asked questions

Do I need witnesses? Many posts require two witnesses; some can provide staff. It’s safer to bring two adults with IDs.
How many originals should I request? Prepare two to three originals if multiple agencies will keep originals.
Can I authorize multiple attorneys-in-fact? Yes—jointly (must act together) or severally (any one may act). Say so explicitly.
Will Philippine courts accept a scanned copy? Courts and registries generally want the original public document. Bring originals; keep scans as back-ups.
Can my agent delegate the power? Only if the SPA allows substitution. Otherwise, no delegation.

15) Practical checklist (one-page)

Draft specific SPA language matching the target transaction(s).
Prepare IDs, supporting docs (TCT/CR/OR/account numbers).
Book appointment; bring two witnesses and payment.
Sign before the consular officer; obtain official receipt.
Keep originals, send one original to your attorney-in-fact.
Use at agencies/registries; present IDs and required annexes.
If needed, revoke by notarized/consular instrument and serve notices.

Final note

Executing your SPA at the Philippine Embassy in Riyadh converts it into a Philippine public document fit for government and private transactions back home. Focus on personal appearance, clear and specific powers, and original documents—and your representative in the Philippines can act for you with minimal friction.