A Special Power of Attorney, commonly called an SPA, is a legal document by which one person authorizes another person to perform a specific act on their behalf. In the Philippines, an SPA is often notarized because notarization gives the document a stronger legal character and makes it acceptable for use before banks, government offices, courts, private institutions, and foreign or local transactions.

The notarial fee for an SPA is the amount charged by a duly commissioned notary public for notarizing the document. While many people think of it as a simple “signature fee,” it actually compensates the notary for a legally regulated act: verifying identity, confirming personal appearance, checking voluntariness, recording the notarization, and affixing the notarial seal.

What Is a Special Power of Attorney?

A Special Power of Attorney is a written authority given by a principal to an agent, also called an attorney-in-fact, to perform a particular act or set of acts.

Unlike a general power of attorney, which may broadly authorize management or representation, an SPA is limited to specific transactions. It is commonly used when the principal is unavailable, abroad, ill, elderly, or otherwise unable to personally appear.

Common uses of an SPA in the Philippines include authority to:

Sell, buy, mortgage, lease, or transfer real property
Sign documents for bank transactions
Claim money, checks, pensions, benefits, or remittances
Process government documents
Represent the principal before the BIR, LTO, SSS, GSIS, Pag-IBIG, PhilHealth, PSA, courts, embassies, or local government offices
Sign contracts
Receive titles, tax declarations, certificates, or official records
File, defend, or settle claims
Process estate, property, or business transactions

An SPA should be specific. A vague authorization may be rejected by banks, government agencies, registries, or private entities.

Why an SPA Is Usually Notarized

An SPA may be written and signed privately, but many transactions require a notarized SPA.

Notarization gives the SPA the status of a public document. This means the document is entitled to greater evidentiary weight and may be admissible in evidence without the same level of authentication normally required for private documents.

A notarized SPA also tells the receiving institution that:

The principal personally appeared before the notary.
The principal presented competent proof of identity.
The principal acknowledged signing the document voluntarily.
The notary recorded the act in the notarial register.
The document was notarized by a person authorized by law to perform notarial acts.

In practice, most banks, real estate registries, government offices, and private institutions will not accept an SPA unless it is notarized.

What Is a Notarial Fee?

A notarial fee is the amount charged by the notary public for performing a notarial act.

For an SPA, the fee usually covers:

Review of the document
Verification of the principal’s identity
Confirmation that the principal personally appeared
Acknowledgment of the signature
Entry in the notarial register
Affixing of the notarial seal
Issuance of the notarized copy
Administrative and clerical work

The fee is not simply payment for a stamp. A notary public is a lawyer commissioned by the court to perform a public function. Improper notarization can expose the notary to administrative, civil, or even criminal liability.

Typical Notarial Fee for an SPA in the Philippines

There is no single fixed nationwide price that applies to every SPA in all situations. In practice, notarial fees vary depending on:

Location
Complexity of the SPA
Nature and value of the transaction
Whether the document was prepared by the lawyer or merely notarized
Number of pages
Number of signatories
Number of original copies
Urgency
Whether the notary must travel or conduct notarization outside the office
Local notarial practice or IBP chapter guidelines

For a simple SPA, notarial fees in the Philippines are commonly charged as a modest fixed amount. However, for SPAs involving real property, corporate authority, sale, mortgage, loan transactions, or high-value transactions, the fee may be higher.

A simple SPA authorizing someone to claim a document or process a routine government transaction may cost less than an SPA authorizing the sale of real property or execution of major financial documents.

Why Fees Differ from One Notary to Another

Notaries may charge different rates because notarial work can differ significantly from case to case.

A one-page SPA authorizing a relative to claim a school record is different from a multi-page SPA authorizing an attorney-in-fact to sell land, sign a deed of sale, receive payment, pay taxes, transfer title, and represent the principal before the Registry of Deeds and BIR.

The notary may need to examine whether the SPA:

Clearly identifies the principal and attorney-in-fact
Describes the authorized act with enough specificity
Includes correct property details, title numbers, tax declarations, or account references
Contains adequate authority for each required step
Is consistent with the requirements of the receiving office
Is signed by all necessary parties
Contains proper witnesses, when needed
Complies with notarial rules

A higher fee may be reasonable when the document requires legal drafting, correction, legal advice, or greater responsibility.

Notarization Versus Drafting: Different Fees

It is important to distinguish between:

Notarial fee only, and
Document preparation or legal drafting fee plus notarial fee.

If the client already has a complete SPA and only asks for notarization, the fee may be lower.

If the lawyer drafts the SPA, reviews supporting documents, customizes the authority, advises the client, and then notarizes the document, the total cost will usually be higher.

A lawyer may charge separately for:

Legal consultation
Drafting the SPA
Revising the SPA
Printing and documentation
Notarization
Additional copies
Travel or out-of-office notarization

This is normal. Drafting an SPA is legal work; notarizing it is a notarial act.

Who May Notarize an SPA?

In the Philippines, an SPA must be notarized by a notary public. A notary public is generally a lawyer who has been commissioned by the proper court to perform notarial acts within a particular territorial jurisdiction.

Not all lawyers are automatically notaries public. A lawyer must have a valid notarial commission.

A valid notarization normally includes:

Name of the notary public
Notarial commission details
Roll of Attorneys number
PTR number
IBP number
MCLE compliance details, where applicable
Notarial seal
Document number
Page number
Book number
Series year
Date and place of notarization

These details are important. A document that is merely stamped or signed without proper notarial details may be questioned.

Personal Appearance Is Required

A valid notarization requires the principal to personally appear before the notary public.

The notary should not notarize an SPA if the principal did not appear personally. This is one of the most important rules in Philippine notarization.

The notary must be able to verify that the person signing the SPA is the same person named in the document and that the signature was made or acknowledged voluntarily.

Improper notarization without personal appearance is a serious violation. It may result in disciplinary action against the notary and may affect the validity or evidentiary value of the document.

Competent Evidence of Identity

The principal must present competent proof of identity. This usually means a government-issued identification card with a photograph and signature.

Common IDs used include:

Passport
Driver’s license
Unified Multi-Purpose ID
SSS ID
GSIS ID
PRC ID
Voter’s ID or voter certification, depending on acceptability
Senior citizen ID, depending on acceptability
PhilID or national ID, subject to practical acceptance
Other government-issued IDs accepted by the notary

The notary records the ID details in the notarial register.

Some notaries may require photocopies of IDs for their file. This is common practice because the notary must maintain notarial records.

What Information Should an SPA Contain?

A properly drafted SPA should usually include:

Full name of the principal
Citizenship
Civil status, when relevant
Residence address
Valid identification details
Full name of the attorney-in-fact
Address and identifying details of the attorney-in-fact
Specific authority granted
Description of the property, account, claim, or transaction involved
Power to sign, submit, receive, process, pay, or perform related acts
Date and place of execution
Signature of the principal
Witnesses, where appropriate
Notarial acknowledgment

For real estate transactions, the SPA should be especially precise. It should include the title number, property location, registered owner, tax declaration number, and exact authority being granted.

SPA for Sale of Real Property

An SPA authorizing the sale of real property must be carefully drafted.

It should specifically authorize the attorney-in-fact to sell the property and perform related acts such as:

Negotiating the sale
Signing the deed of sale
Receiving payment
Issuing receipts
Paying capital gains tax, documentary stamp tax, transfer tax, real property tax, and other charges
Processing the Certificate Authorizing Registration
Transacting with the BIR
Transacting with the Registry of Deeds
Transacting with the assessor’s office and treasurer’s office
Signing transfer documents
Receiving the new title or tax declaration, if necessary

A general authority “to manage property” is usually not enough to authorize sale. The power to sell real property must be clear and specific.

Because the legal and financial stakes are higher, the notarial and drafting fees for this type of SPA are often higher than a routine SPA.

SPA for Bank Transactions

Banks are strict about SPAs. Even a notarized SPA may be rejected if it does not follow the bank’s required language or form.

A bank-related SPA may authorize the attorney-in-fact to:

Withdraw funds
Deposit checks
Close an account
Request bank statements
Claim ATM cards
Renew placements
Sign loan documents
Pay obligations
Receive proceeds
Update account information

Some banks require their own SPA form. Others require the SPA to be notarized and accompanied by valid IDs, specimen signatures, proof of relationship, or additional documents.

For banking transactions, the SPA should be specific to the bank, branch, account, and transaction. A broad SPA may not be accepted.

SPA for Government Transactions

Government agencies often require notarized SPAs when a representative acts on behalf of another person.

Examples include:

Claiming PSA certificates
Processing LTO registration or transfer
Handling SSS, GSIS, Pag-IBIG, or PhilHealth matters
Filing tax documents with the BIR
Claiming checks or benefits
Processing business permits
Applying for or receiving documents from local government offices
Representing a taxpayer, claimant, pensioner, or applicant

Some agencies have their own SPA templates. Others accept a general notarized SPA as long as the authority is specific enough.

SPA Executed Abroad

If the principal is outside the Philippines, the SPA cannot simply be notarized by a Philippine notary unless the principal appears before that notary in the Philippines.

For overseas Filipinos, an SPA is usually executed before:

A Philippine embassy or consulate, through consular acknowledgment; or
A foreign notary, followed by authentication or apostille, depending on the country and document requirements.

An SPA executed abroad for use in the Philippines often needs to be consularized or apostilled, depending on where it was executed and the receiving institution’s requirements.

The cost abroad may be different from local Philippine notarial fees. Consular fees or foreign notary fees are usually separate from Philippine notarial fees.

Apostille and Consularized SPA

For countries that are parties to the Apostille Convention, a notarized SPA may need an apostille from the competent authority of that country before it can be used in the Philippines.

For countries not covered by apostille arrangements, consular authentication may be required.

In practical terms:

An SPA signed in the Philippines is usually notarized by a Philippine notary.
An SPA signed abroad is usually notarized or acknowledged abroad, then apostilled or consularized, depending on applicable rules.
Some Philippine institutions may impose additional internal requirements.

The notarial fee abroad and the apostille or consular fee are separate costs.

Is a Notarized SPA Always Required?

Not always, but in many important transactions, yes.

A notarized SPA is commonly required for:

Real property transactions
Bank transactions
Court and quasi-judicial representation
Government agency transactions
Corporate transactions
Loan and mortgage documents
Claims involving money or valuable rights
Transactions requiring public documents

For simple errands, informal authorization may sometimes be enough, but institutions often require notarization to protect themselves from fraud.

Can a Notary Refuse to Notarize an SPA?

Yes. A notary public may refuse notarization if there is a legal or ethical reason.

Common reasons include:

The principal did not personally appear
The principal has no acceptable ID
The principal appears unwilling, confused, coerced, or incapable of understanding
The document has blank spaces
The document is incomplete
The document appears fraudulent
The authority granted is unclear or illegal
The notary is outside the territorial jurisdiction of the commission
The signatory is not the person named in the SPA
The document is backdated
The notary is being asked to notarize without proper acknowledgment
The notary has a conflict of interest

A notary is not required to notarize every document presented. Notarization is a legal act, not a mere clerical service.

What Affects the Amount of the Notarial Fee?

The notarial fee for an SPA may be affected by several factors.

1. Simplicity or complexity of the document

A short SPA for claiming a document is usually simpler than an SPA for selling land, executing loan documents, or managing business interests.

2. Value of the transaction

Some notarial fees are influenced by the value or importance of the transaction, especially in property, loan, mortgage, or corporate matters.

3. Drafting work

If the lawyer drafts the SPA, the client may pay a professional fee in addition to the notarization fee.

4. Number of signatories

More signatories may mean more identity verification, more register entries, and more administrative work.

5. Number of copies

The notary may charge extra for additional original copies or certified copies.

6. Location

Fees may vary between Metro Manila, provincial cities, municipalities, and business districts.

7. Urgency

Rush preparation or same-day notarization with drafting may cost more.

8. Out-of-office notarization

If the notary travels to a hospital, home, office, jail, or facility, there may be additional charges.

9. Special circumstances

Elderly, hospitalized, detained, disabled, or medically vulnerable principals may require extra care to confirm capacity and voluntariness.

Out-of-Office Notarization

Sometimes the principal cannot go to the notary’s office. This may happen when the principal is hospitalized, bedridden, elderly, detained, or physically unable to travel.

An out-of-office notarization may be possible, but it must still comply with the rules. The principal must personally appear before the notary, even if the notary travels to the principal’s location.

Additional fees may apply for:

Travel
Time
Transportation
Parking
Waiting
Special scheduling
Hospital or facility access requirements

The notary should still record the correct place of notarization and comply with territorial limits.

Territorial Limits of a Notary Public

A notary public’s commission is limited to a specific territorial jurisdiction. The notary may notarize only within that authorized area.

For example, a notary commissioned for a particular city or province must perform notarial acts within the area covered by the commission. Notarization outside the authorized jurisdiction may be questioned.

This is why a notary may decline to travel outside the area covered by the notarial commission.

Online or Remote Notarization

Traditional Philippine notarization requires personal appearance. A notary normally cannot notarize an SPA merely through video call, email, scanned signature, or messenger app.

A printed document sent by courier with a scanned ID is not enough if the principal did not personally appear before the notary.

A document notarized without personal appearance may be vulnerable to challenge and may expose the notary to liability.

Does the Attorney-in-Fact Need to Sign the SPA?

Usually, the principal is the person who signs the SPA because the principal is the one granting authority.

The attorney-in-fact does not always need to sign unless the receiving office requires acceptance, the form provides for it, or the transaction calls for acknowledgment by the representative.

Some SPAs include a conformity or acceptance portion signed by the attorney-in-fact. This may be useful but is not always legally required.

The notarial fee may increase if multiple parties sign and acknowledge the document before the notary.

Does the SPA Need Witnesses?

Many SPAs include witnesses, especially for important transactions. Witnesses are commonly used to strengthen the document and avoid disputes.

For certain transactions, witnesses may be required by the receiving institution or by the form being used.

Even where witnesses are not strictly necessary, having witnesses may be prudent, especially for real property, elderly principals, high-value transactions, or family-sensitive matters.

Is One SPA Enough for Multiple Transactions?

It depends on how the SPA is drafted and what the receiving offices require.

One SPA may cover several related acts if the authority is clearly stated. For example, an SPA for sale of property may authorize signing the deed of sale, paying taxes, processing BIR documents, and transferring title.

However, some institutions require a separate SPA for their specific transaction. Banks, embassies, government agencies, and registries may reject a broad SPA and require their own wording.

A practical approach is to draft the SPA around the exact purpose and office where it will be used.

How Long Is an SPA Valid?

An SPA may remain valid until:

The authorized act is completed
The SPA expires by its own terms
The principal revokes it
The attorney-in-fact renounces the authority
The principal or attorney-in-fact dies
The principal becomes legally incapacitated, subject to applicable rules
The purpose becomes impossible or illegal
The period stated in the SPA ends

Some institutions impose their own validity period. For example, a bank or government agency may require a recently executed SPA, even if the SPA itself does not state an expiration date.

For practical use, many institutions prefer an SPA executed within a recent period.

Revocation of SPA

A principal may revoke an SPA, generally by executing a written revocation and notifying the attorney-in-fact and concerned third parties.

If the SPA has been used before a bank, registry, buyer, government office, or corporation, the principal should notify those parties in writing.

A revocation may also be notarized to make it stronger and easier to present. Separate notarial fees apply for notarizing a revocation.

Risks of Using a Poorly Drafted SPA

A defective SPA may cause delay, rejection, or legal disputes.

Common problems include:

The authority is too broad or too vague
The property is not properly described
The principal’s name does not match the ID or title
The attorney-in-fact’s name is misspelled
The SPA lacks authority to receive payment
The SPA allows signing but not processing taxes or title transfer
The SPA does not mention the correct government office or bank
The notarial details are incomplete
The SPA was signed without personal appearance before the notary
The document has blank spaces
The principal lacked capacity
The SPA was executed under pressure or fraud

Saving money on a poorly prepared SPA can become costly if the document is rejected or challenged.

Red Flags in Notarization

A person should be cautious if a supposed notary:

Offers notarization without personal appearance
Accepts only a scanned signature and ID
Does not ask for valid identification
Leaves the notarial details incomplete
Uses no notarial seal
Cannot show notarial commission details
Backdates the document
Notarizes blank or incomplete forms
Allows another person to sign for the principal
Charges unusually low fees for suspiciously fast notarization
Refuses to issue a properly notarized copy

A notarized SPA is often used to transfer property, claim money, or bind a person legally. Fraudulent notarization can have serious consequences.

Documents Commonly Needed for SPA Notarization

The principal should usually bring:

Original valid government-issued ID
Photocopy of valid ID
Draft SPA or details needed for drafting
Details of the attorney-in-fact
Property documents, if the SPA involves real estate
Bank or account details, if the SPA involves banking
Agency form or template, if required
Proof of authority, if signing in a representative capacity
Marriage certificate or other supporting documents, if relevant
Corporate documents, if the principal is a corporation or authorized officer

For real property transactions, useful documents include:

Transfer Certificate of Title or Condominium Certificate of Title
Tax declaration
Real property tax receipt
Owner’s duplicate certificate of title
Valid IDs of the registered owner
Property location and technical description
Draft deed or transaction details

SPA Involving Spouses

If the transaction involves conjugal, community, or co-owned property, the signature or consent of the spouse may be necessary.

For example, an SPA authorizing the sale or mortgage of property owned by spouses should be reviewed carefully. A spouse may need to sign the SPA or execute a separate authorization, depending on the nature of the property and transaction.

Notarial fees may be higher when there are multiple principals.

SPA for Corporations and Businesses

A corporation may execute an SPA through its authorized representative, but corporate authority must be properly shown.

The notary or receiving party may require:

Secretary’s certificate
Board resolution
Articles of incorporation
By-laws
Valid ID of the authorized signatory
Corporate documents proving authority

For partnerships and sole proprietorships, the required documents may differ.

Corporate SPAs are often more expensive to prepare and notarize because authority, capacity, and corporate approvals must be checked.

SPA and Real Estate Registration

For real estate transactions, the Registry of Deeds may require a notarized SPA. The SPA may also need to be presented to the BIR, assessor’s office, treasurer’s office, homeowner association, developer, bank, or buyer.

A defective SPA can delay title transfer. In real estate matters, the SPA should not merely state that the attorney-in-fact may “represent” the principal. It should expressly authorize each important act.

The notarial fee for this type of SPA may reflect the higher value and risk involved.

SPA for Court or Legal Proceedings

An SPA may authorize a person to represent the principal in certain legal matters, but representation in court is different from representation by counsel.

A non-lawyer attorney-in-fact may perform certain factual or administrative acts but cannot generally practice law or appear as counsel unless allowed by procedural rules.

An SPA may be used to authorize settlement, signing of pleadings where allowed, verification, certification, submission of documents, or receipt of notices, but legal representation should be handled by a lawyer.

Does Notarization Make the SPA Automatically Valid?

Notarization strengthens the document, but it does not automatically cure all defects.

A notarized SPA may still be challenged if:

The principal lacked capacity
The signature was forged
Consent was obtained by fraud, intimidation, or undue influence
The authority granted was illegal
The notary did not follow notarial rules
The SPA lacked required specificity
The principal had no right to authorize the act
The document was revoked
The attorney-in-fact exceeded the authority granted

Notarization is important, but the substance of the SPA must also be legally valid.

What the Notary Should Check

Before notarizing an SPA, the notary should check:

Identity of the principal
Personal appearance
Voluntary signing or acknowledgment
Capacity of the principal
Completeness of the document
Absence of blank spaces
Proper date and place
Acceptable ID
Number of pages
Signatures on appropriate pages
Notarial register entry
Territorial jurisdiction
Possible conflicts or irregularities

A careful notary protects both the principal and the integrity of the transaction.

Can a Notarial Fee Be Refunded?

Usually, once the notarial act has been properly performed, the fee is not refunded merely because the receiving office later rejects the SPA for reasons unrelated to notarization.

However, if the lawyer was engaged to draft the SPA for a specific institution and the document was rejected due to drafting defects, the client may ask for correction, depending on the arrangement.

It is best to clarify before payment whether the fee covers only notarization or also drafting and revisions.

Practical Tips Before Paying for SPA Notarization

Before paying the notarial fee, the principal should confirm:

The notary is duly commissioned.
The notary is located within the proper jurisdiction.
The SPA contains the exact authority needed.
The receiving institution will accept the format.
The principal has valid ID.
The document has no blanks.
The names match IDs and supporting documents.
The number of original copies is sufficient.
The notarial details are complete.
The fee includes or excludes drafting.

For bank, real estate, and government transactions, it is wise to ask the receiving office first whether it has a required SPA form.

Common Mistakes About Notarial Fees

Mistake 1: Thinking notarization is just a stamp

Notarization is a legal act. The notary must verify identity, personal appearance, and voluntariness.

Mistake 2: Assuming all SPAs cost the same

Fees vary depending on complexity, value, drafting, and location.

Mistake 3: Paying for notarization without appearing personally

This can make the notarization improper and may create legal problems.

Mistake 4: Using a generic SPA for a specific transaction

A generic SPA may be rejected by banks, registries, or government offices.

Mistake 5: Ignoring overseas execution rules

An SPA signed abroad usually requires consular acknowledgment, apostille, or other authentication process before Philippine use.

Mistake 6: Not checking whether drafting is included

A low notarial fee may cover notarization only, not legal drafting or revision.

Reasonable Expectations on Cost

For an ordinary SPA, the notarial fee is usually affordable. For complex or high-value matters, the total legal cost can be higher, especially where the lawyer drafts the document.

As a general practical matter, the client should ask whether the quoted amount includes:

Drafting
Notarization
Printing
Extra copies
Consultation
Review of supporting documents
Travel
Revisions
Taxes or documentary charges, if any

The most important point is not merely to find the cheapest notarization, but to ensure that the SPA is valid, accepted, and appropriate for the transaction.

Legal Effect of a Properly Notarized SPA

A properly notarized SPA has stronger legal effect than an unnotarized document because it becomes a public document.

This helps in:

Proving authenticity
Presenting the SPA to government offices
Recording or registering transactions
Supporting property transfers
Authorizing representation
Reducing disputes about execution
Giving confidence to third parties dealing with the attorney-in-fact

However, the attorney-in-fact must act only within the authority granted. Acts beyond the SPA may not bind the principal unless later ratified.

Liability of the Attorney-in-Fact

The attorney-in-fact must act according to the authority given in the SPA and in the best interest of the principal.

The attorney-in-fact may be liable if they:

Exceed the authority granted
Misappropriate money
Sell property without proper authority
Fail to account for proceeds
Act against the principal’s interest
Commit fraud
Use the SPA after revocation
Continue acting after the principal’s death, where authority has already ceased
Abuse the trust given by the principal

Because an SPA can give significant power, the principal should appoint only a trusted person.

Best Practices for Principals

A principal executing an SPA should:

Use clear and specific language
Limit the authority to what is necessary
Avoid overly broad powers unless truly intended
Appoint a trustworthy attorney-in-fact
State an expiration date, where appropriate
Keep copies of the notarized SPA
Notify relevant institutions if the SPA is revoked
Avoid signing blank documents
Read the document before signing
Ask questions before notarization
Ensure all details are accurate

Best Practices for Attorneys-in-Fact

An attorney-in-fact should:

Carry the original notarized SPA when transacting
Bring valid ID
Act only within the authority granted
Keep receipts and records
Provide accounting to the principal
Avoid conflicts of interest
Check institution-specific requirements
Avoid using an expired or revoked SPA
Return documents and proceeds to the principal

Best Practices for Notaries

A notary public handling an SPA should:

Require personal appearance
Verify competent evidence of identity
Refuse incomplete or suspicious documents
Avoid notarizing documents with blanks
Confirm willingness and understanding
Record the notarization properly
Use the correct notarial certificate
Stay within territorial jurisdiction
Avoid conflicts of interest
Maintain a complete notarial register

The notary’s role is not mechanical. The notary serves as a gatekeeper against fraud.

Frequently Asked Questions

Is there a standard notarial fee for SPA in the Philippines?

There is no single uniform fee that applies to all SPAs nationwide. Fees vary depending on location, complexity, drafting work, transaction value, number of copies, and the notary’s lawful professional charges.

Is a cheap notarized SPA valid?

It can be valid if all legal requirements are followed. The amount of the fee alone does not determine validity. The key issues are personal appearance, identity verification, proper notarial commission, complete notarial details, and valid document contents.

Can someone else bring my signed SPA to the notary?

For proper notarization, the principal must personally appear before the notary. Merely sending a signed SPA through another person is generally not enough.

Can I notarize an SPA using only a scanned copy?

Generally, no. The principal must personally appear and acknowledge the document before the notary. Scanned signatures and emailed IDs are not substitutes for proper notarization.

How many copies of an SPA should be notarized?

It depends on the transaction. Many people prepare at least two or three originals: one for the receiving institution, one for the attorney-in-fact, and one for the principal. More may be needed for real estate or multi-agency transactions.

Can the same SPA be used in different offices?

Yes, if the authority is broad enough and the offices accept it. However, some institutions require their own form or specific wording.

Should the SPA have an expiration date?

It is often advisable. An expiration date limits risk and makes the authority clearer. Some institutions prefer recently executed SPAs even if no expiry date is stated.

Is an SPA valid after the principal dies?

Generally, agency is extinguished by the death of the principal, subject to specific legal exceptions. An attorney-in-fact should not continue using an SPA after the principal’s death without proper legal authority.

Can an SPA be revoked?

Yes. The principal may revoke it, preferably in writing and with notice to the attorney-in-fact and concerned third parties.

Is notarization required for revocation?

Not always, but notarization is advisable, especially if the original SPA was notarized or used before third parties.

Sample Breakdown of Possible Charges

A client may encounter charges described as:

Item	Meaning
Notarial fee	Fee for notarizing the SPA
Drafting fee	Fee for preparing the SPA
Consultation fee	Fee for legal advice
Printing fee	Cost of printed copies
Additional original copy fee	Fee for multiple notarized originals
Travel fee	Fee for out-of-office notarization
Rush fee	Additional charge for urgent work
Review fee	Fee for checking documents prepared by others

The client should ask for clarification before proceeding.

Important Distinction: SPA, Authorization Letter, and General Power of Attorney

An authorization letter is usually simpler and may be accepted for minor transactions. It is often not notarized, although some offices may require notarization.

A Special Power of Attorney grants specific legal authority and is usually notarized, especially for significant acts.

A General Power of Attorney gives broader authority, often over management or administration of affairs, but certain acts still require special authority under Philippine law.

For important transactions, an SPA is usually safer and more acceptable than a simple authorization letter.

When Special Authority Is Needed

Under Philippine civil law principles, certain acts require special authority. These commonly include acts such as selling property, mortgaging property, entering into compromise, making payments not in the ordinary course, leasing real property for a long period, and other acts of strict dominion.

This is why an SPA should not merely say that the attorney-in-fact may “represent” the principal. It should expressly state the specific act authorized.

A receiving institution may reject an SPA that does not clearly grant the needed authority.

How to Avoid Overpaying or Underpaying

The goal is not simply to pay the lowest fee. The goal is to obtain a document that is valid, properly notarized, and accepted for its intended purpose.

To avoid problems:

Ask what the fee includes.
Ask whether the notary will draft or only notarize.
Ask whether additional copies cost extra.
Bring complete information and IDs.
Use the required form of the bank or agency, when applicable.
Avoid fixers or unauthorized notarization.
Do not agree to notarization without personal appearance.
Keep receipts or records of payment where available.

A very low fee may be attractive, but improper notarization can cause rejection, delay, or legal risk.

Conclusion

The notarial fee for a Special Power of Attorney in the Philippines depends on the nature of the document, the transaction involved, the location, the work required, and the professional services rendered by the notary or lawyer. A simple SPA may involve only a basic notarial charge, while an SPA for real estate, banking, corporate, overseas, or high-value transactions may cost more because it requires greater care, specificity, and legal responsibility.

A notarized SPA is more than a signed paper with a stamp. It is a public document that can authorize another person to perform legally significant acts. Because of this, the principal must personally appear before a duly commissioned notary public, present proper identification, and ensure that the SPA clearly states the authority being granted.

The safest approach is to treat the SPA as an important legal instrument: draft it carefully, notarize it properly, pay a reasonable lawful fee, and use it only for the exact purpose intended.