Special Power of Attorney (SPA) for Requesting a School Transcript of Records (TOR) in the Philippines
A comprehensive legal guide for students, representatives, registrars, and notaries
1. Why a Special Power of Attorney Is Needed for TOR Requests
Philippine schools treat a Transcript of Records as sensitive personal information. Releasing it to anyone other than the student-owner (the “principal” in agency law) triggers:
| Legal/Regulatory Basis | Key Obligation | Practical Effect on Schools |
|---|---|---|
| RA 10173 – Data Privacy Act | Allow disclosure only with the data subject’s consent or other lawful ground | Registrar cannot hand a TOR to a third party without proof of authority |
| Civil Code arts. 1868-1878 | Acts performed by an agent bind the principal only when expressly authorized | A written special authority is required for acts that “impair ownership or create real rights”—including taking custody of original academic records |
| CHED Manual of Regulations for Private HEIs (MORPHE) & DepEd Orders | Mandate “adequate safeguards” when releasing academic records | Schools routinely demand notarized SPA, not just a signed authorization letter |
Bottom line: Without a notarized SPA, a third-party request is defective; the registrar may refuse release and remains liable for an unlawful disclosure.
2. When Exactly Must a TOR SPA Be Presented?
- Student is abroad or out of town.
- Student is medically incapacitated.
- Student simply prefers a courier pick-up.
- Posthumous requests by heirs who lack an earlier waiver in the student’s records.
- Embassy/consular applications that require an Apostilled TOR obtained by a proxy.
Tip – Some registrars accept a less formal Authorization Letter if only photocopies are requested. For originals or any document bearing the school seal, they insist on an SPA.
3. Legal Elements of a Valid SPA
| Required Element | Explanation / Practice Point |
|---|---|
| Full identities of principal and attorney-in-fact | Complete names, civil status, nationality, residence. Include student number for clarity. |
| Specific authority | “To request, receive and sign for my original Transcript of Records and such related certifications…” Vague phrases like “all my papers” are routinely rejected. |
| Place & date of execution | Must appear on the face of the instrument. |
| Principal’s signature | Must match any specimen signature on file with the registrar. |
| Notarial acknowledgment | Compliant with the 2020 Rules on Notarial Practice: venue, competent evidence of identity (CEI), notarial book entry, documentary stamp tax (₱30.00 per SPA). |
| Witnesses | Not strictly required but advisable when the principal is visually impaired or signs by thumb-mark. |
| Validity period | Optional clause. Schools typically honor SPAs issued within the last 6–12 months unless explicitly perpetual. |
| Revocation clause | Advisable: “This authority is revocable at any time upon written notice…” to protect the student. |
No consular legalization needed if the SPA is signed inside the Philippines and used domestically. If signed abroad: execute before a Philippine Consul (consularized) or before a local notary then apostille it per the 2019 Hague Apostille Convention as implemented by DFA.
4. Drafting Checklist
- Title: “SPECIAL POWER OF ATTORNEY”
- Introductory clause stating competence and free consent.
- Clear grant of authority (request, receive, sign acknowledgment, pay fees).
- Optional: authority to process COR, Diploma, Certification of Grades, Authentication.
- Ratification clause: “All acts done by my attorney-in-fact under this SPA are hereby ratified…”
- Signature block with two identification numbers (Passport, PhilSys, SSS, etc.).
- Notarial block in statutory form (ACKNOWLEDGMENT).
- Attach photocopies of valid IDs of both principal and attorney-in-fact.
5. Registrar-Side Compliance Workflow
- Receive SPA + photocopies.
- Verify notarial details against the Notarial Commission list (IBP website or Clerk of Court).
- Match signature with specimen card (if any).
- Log request in data-privacy disclosure register (Sec. 21, IRR of RA 10173).
- Collect payment & release TOR; require the proxy to sign in the Registrar’s Release Book with presented ID.
- Store SPA for at least five years (NPC Advisory Opinion 2019-039 suggests documenting consent).
6. Common Pitfalls and How to Avoid Them
| Pitfall | Result | Fix |
|---|---|---|
| SPA photocopy only, original lost | Registrar refuses release | Execute new original or personally appear |
| SPA signed by 17-year-old minor | Voidable agency; may need parental concurrence | Parent or legal guardian should execute instead |
| Unapostilled foreign-signed SPA | Treated as private doc lacking due execution | Have it apostilled or consularized |
| ID copies not attached | Registrar cannot verify identities | Attach clear front-back photocopies |
| Blanket “all documents” wording | School may demand more specificity | Enumerate TOR, diploma, certifications |
7. Sample One-Page SPA (Template)
(For illustration only; always tailor to school’s own form requirements)
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, JUAN DELA CRUZ, of legal age, single, Filipino, presently residing at 123 Main Street, Quezon City, and **bearing Student No. 2018-12345** of the University of XYZ, do hereby APPOINT, NAME, and CONSTITUTE **MARIA SANTOS**, of legal age, single, Filipino, with postal address at 456 Sampaguita Road, Quezon City, to be my true and lawful ATTORNEY-IN-FACT, to do and perform the following acts:
1. **To request, claim, receive, and sign any and all documents** from the University of XYZ Office of the Registrar, particularly my ORIGINAL TRANSCRIPT OF RECORDS, Certificate of Graduation, and Certificate of Good Moral Character;
2. To pay all fees, sign acknowledgments, and issue receipts relative thereto;
3. To endorse said documents to any courier or embassy as may be necessary.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do all and every act necessary or incidental to the foregoing that I could lawfully do if personally present, and hereby **ratifying and confirming** all that my Attorney-in-Fact shall lawfully do or cause to be done under this authority.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of May 2025 at Quezon City, Philippines.
(sgd.) ______________________
JUAN DELA CRUZ
Passport No. P1234567B
PhilSys No. 1234-5678-9012
Accepted by:
(sgd.) ______________________
MARIA SANTOS
Passport No. P7654321A
PhilSys No. 1098-7654-3210(Notarial acknowledgment follows)
8. Validity, Revocation, and Archival
- Default life span: Indefinite until expressly revoked or purpose fulfilled.
- Revocation: Serve a Notice of Revocation (also notarized) to the attorney-in-fact and to the registrar to cut off liability.
- Registrar retention: Keep SPA and release log for five years to comply with NPC Circular 2023-02 (Recorded Incidents & Breach Reporting).
9. Practical Tips for Students and Representatives
- Call or email the Registrar first. Every school has its own SPA form; some require the principal’s signature to be witnessed by the Philippine Consulate if abroad.
- Prepare multiple originals. The registrar files one; a second copy may be needed by CHED for authentication or by the DFA for apostille.
- Mind cut-off dates. Universities with strict privacy policies accept SPAs signed within the last 90 days only.
- Courier handling: If the representative will forward the TOR to a foreign evaluator (e.g., WES-Canada), issue a second SPA naming the courier or allow sub-delegation (“with power to appoint substitutes”).
- For licensure boards (PRC, Bar, Medical Board): the PRC typically asks for a separately notarized PRC SPA form even if the same representative already has the school SPA.
10. Key Take-Aways
- A Special Power of Attorney is the gold standard for third-party TOR requests in the Philippines.
- It shields the school from Data Privacy Act liability, satisfies Civil Code agency rules, and ensures traceability.
- Precise drafting, proper notarization, and clear identification of both parties are non-negotiable.
- Students overseas should factor in apostille or consular timelines to avoid enrollment or visa delays.
With the above framework, any student, proxy, registrar, or notary can confidently navigate the SPA requirement and ensure the lawful, efficient release of academic records.