Special Power of Attorney (SPA) in the Philippines: Requirements, Notarial Fees, and Sample Format

This guide is written for the Philippine legal context. It’s general information, not legal advice. For a specific situation, consult a Philippine lawyer or notary.

What is a Special Power of Attorney?

A Special Power of Attorney (SPA) is a written, notarized authorization where a principal appoints an attorney-in-fact/agent to do specific acts on the principal’s behalf. It’s “special” because the powers are narrow and explicitly listed (unlike a general power limited to acts of administration).

Key ideas

Agency is by consent; the principal must have capacity to act (generally 18+ and not otherwise incapacitated).
Specificity matters: powers not stated (or clearly implied) are not granted.
Notarization is expected for SPAs in the Philippines—especially if they’ll be submitted to government offices, banks, registries, or courts.

When do you need an SPA?

You typically need an SPA when you cannot personally appear to sign or complete transactions that go beyond ordinary administration. Common examples:

Real estate: selling or buying property; signing a Deed of Sale; mortgaging land/condo; creating real rights (e.g., easement); leases longer than 1 year; signing documents for subdivision/condo associations, developers, or the Registry of Deeds.
Banking & finance: opening/closing accounts; time deposits; foreign exchange; loan or credit transactions; safe-deposit access.
Government transactions: SSS, GSIS, Pag-IBIG, PhilHealth, PSA, LTO (vehicle registration/transfer), BIR, DFA (passport), POEA/DMW, NBI, local civil registry.
Litigation/settlement: compromise, arbitration submission, waiver/renunciation of rights, novations (changing contract obligations).
Gifts and donations (beyond customary/nominal gifts).
Inheritance: acceptance or repudiation.
Partnerships and guaranty/surety: binding the principal as partner, guarantor, or surety.

Real property rule of thumb: Powers to sell, mortgage, or encumber land/condo require a clear, express grant. A general authority to “manage” or “administer” is not enough.

Parties & Capacity

Principal: Must be of legal age and with capacity. If property is conjugal/community, the spouse’s consent is generally required for dispositions (sale/mortgage). Co-owned property needs each co-owner’s participation or SPA.
Attorney-in-fact: Any competent adult. Choose someone trustworthy. You may appoint multiple agents (jointly or severally) but say so clearly.
Corporations: Use a Board Resolution/Secretary’s Certificate to authorize signatories (not technically an SPA but serves a similar function).

Formal Requirements (Philippines)

Written instrument stating:
- Full names, citizenship, civil status, addresses of principal and agent.
- Specific acts authorized (avoid vague catch-alls).
- Document details (e.g., property description, TCT/CCT number, minimum price, bank name/account).
- Validity period (optional but recommended) and any limits (e.g., “non-transferable,” “no delegation,” “minimum price ₱___,” “reporting required”).
Principal’s signature (and initials on every page).
Notarial acknowledgment (see standard form below).
Competent evidence of identity: government-issued ID with photo/signature (passport, PhilID, driver’s license, etc.). IDs are recorded by the notary.
Attachments, when relevant:
- Property papers (TCT/CCT, tax declaration, sketch/technical description).
- Marriage certificate (if conjugal/community).
- Corporate documents (if a company is involved).
- Supporting letters/requirements of the receiving office (banks, developer, registry, agency).

Witnesses: Not generally required for notarial acknowledgment, but some offices (or notaries) may prefer witness lines. It doesn’t hurt to include them.

Executed in the Philippines vs. Abroad

If signed in the Philippines

Sign before a Philippine Notary Public in the city/province of signing.
The notary records the act in the Notarial Register, noting your ID.

If signed abroad

You have two common paths:

Before a Philippine Embassy/Consulate
- Execute and acknowledge the SPA before a consular officer.
- The consularized SPA is typically accepted in the Philippines.
Before a local (foreign) notary + Apostille
- Notarize per local law, then get an Apostille from that country’s competent authority (for countries in the Hague Apostille Convention).
- Submit in the Philippines with the apostille attached.
- For non-Apostille countries, consular/legalization route applies.

Tip: Some registries/banks still have format preferences. If the SPA will be used for land registration or banking, ask that office for any required wording before you sign abroad.

Notarization Basics

Type: SPAs are typically notarized via Acknowledgment (not a Jurat).
Personal appearance: The principal must appear before the notary (or consular officer) with valid ID.
Language: Use clear English or Filipino. If the principal doesn’t understand the language used, the notary may require a translation or interpretation certificate.
Number of copies: Prepare at least 3 originals (principal, agent, filing office). Some registries require two notarized originals.

Validity, Revocation, and Termination

Effectivity: Usually upon notarization, unless the SPA itself sets a start date.
Expiration: An SPA does not automatically expire unless a period is stated. Many principals add a validity period (e.g., 6–12 months) to reduce risk.
Revocation:
- Execute a Revocation of SPA (notarized) and serve written notice to the attorney-in-fact and any third parties who might rely on the SPA (banks, registries, counterparties).
- Consider publication or annotation if the SPA was used/recorded with a government office.
By law, agency is extinguished by death, civil interdiction, insanity, or insolvency of the principal or agent (and by completion of the authorized act).
Substitution/delegation: Only if expressly allowed. If you forbid delegation, say so.

Taxes, Fees, and Typical Costs

Notarial fees (walk-in, Philippines):
- Simple SPA (e.g., claiming documents, government errands): often ₱300–₱1,500.
- Real estate/banking SPA with property/big-ticket powers: often ₱1,500–₱3,000+.
- Traveling notary or outside-office appearance may add a call-out fee.
- Fees vary by city, complexity, and number of signers/copies.
Consular notarization (abroad):
- Fees depend on the post; typically charged per document and sometimes per signer.
Apostille:
- The DFA (for Philippine-issued documents) and foreign competent authorities (for foreign-issued documents) charge per document. Costs and processing times vary.
Documentary Stamp Tax (DST):
- A nominal DST may apply to powers of attorney. Many notaries handle this in-house or will advise you if a stamp is required.

Always ask the notary or the receiving office (bank/registry/agency) about current fees and accepted formats.

Practical Drafting Tips (to reduce risk)

Be precise: List the exact acts (e.g., “to sell the condominium located at , CCT No. ___, with a price of **not less than ₱**; to sign the Deed of Absolute Sale; to receive the purchase price and issue receipts; to pay transfer taxes and fees; to sign and submit all documents to BIR/LGU/Registry of Deeds”).
Limit scope: Consider one SPA per transaction. Avoid blanket language unless necessary.
Set floors/ceilings: For sales/loans, include minimum price/maximum loan caps.
Funds handling: State where proceeds should be deposited (bank + account name/number).
Non-transferability: State the agent cannot assign the SPA unless you intend to allow substitutes.
Require accounting: “Agent shall render an accounting within ___ days of each act.”
Attach references: TCT/CCT copies, plans, statements of account—so third parties know exactly what’s covered.

Common Use-Case Checklists

For a real estate sale SPA

Principal’s valid ID.
Exact property description (TCT/CCT No., area, location).
Minimum price and earnest money terms.
Authority to sign: Deed of Sale, tax forms, transfer documents, BIR, LGU, Registry of Deeds papers; authority to receive payment.
Spousal consent (if applicable).
Co-owner SPAs (if applicable).
Multiple notarized originals.

For a government/bank errand SPA

Principal’s valid ID.
Specific office(s): e.g., SSS branch, BIR RDO, bank branch.
Specific acts: claim/submit/receive documents, update records, pay fees, pick up card/ID, etc.
Reference numbers (account, policy, plate, case numbers).

If executing abroad

Check the receiving office’s exact wording requirements.
Choose Consular notarization or local notary + Apostille, as applicable.
Allow time for shipping originals to the Philippines.

Sample Formats

How to use: Replace the bracketed fields. Keep the acknowledgment wording intact except for blanks. Use black ink. Initial every page.

1) General SPA (Government/Administrative Transactions)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [FULL NAME OF PRINCIPAL], Filipino, [civil status], of legal age, with residence at [ADDRESS], do hereby APPOINT, NAME, and CONSTITUTE [FULL NAME OF ATTORNEY-IN-FACT], Filipino, [civil status], of legal age, with residence at [ADDRESS], as my true and lawful ATTORNEY-IN-FACT, to do and perform the following acts on my behalf:

1. To represent me before [AGENCY/OFFICE NAME(S), e.g., SSS, BIR, PAG-IBIG, PHILHEALTH, LTO, DFA], and any of their branches or instrumentalities;
2. To file, sign, and submit forms, applications, affidavits, and other papers; to pay fees and charges; to claim, receive, and acknowledge receipt of documents, IDs, clearances, benefits, or checks payable to me;
3. To appear before notaries public and sign documents necessary or incidental to the foregoing.

This authority is valid until [DATE or “revoked in writing”]. The Attorney-in-Fact shall render an accounting of actions taken upon my request.

I HEREBY ratify and confirm all lawful acts done by my Attorney-in-Fact pursuant hereto.

IN WITNESS WHEREOF, I have hereunto set my hand this [DATE] at [CITY/PROVINCE], Philippines.

[Signature over Printed Name of Principal]
[Passport/ID No., Date/Place of Issue]

WITH MY CONFORME:

[Signature over Printed Name of Attorney-in-Fact]
[Passport/ID No., Date/Place of Issue]

Acknowledgment (Philippines)

ACKNOWLEDGMENT

Republic of the Philippines )
[City/Province]               ) S.S.

BEFORE ME, a Notary Public for and in [City/Province], this [date], personally appeared:
    [Name of Principal], with [ID type/number, date/place of issue],

who is known to me and whom I have identified through competent evidence of identity, and who acknowledged to me that he/she voluntarily executed the foregoing Special Power of Attorney which consists of [__] pages, including the page on which this acknowledgment is written, and that the same is his/her free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL, on the date and place first above written.

Notary Public
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of ____.

2) SPA to Sell Real Property (with price floor)

SPECIAL POWER OF ATTORNEY
(TO SELL REAL PROPERTY)

KNOW ALL MEN BY THESE PRESENTS:

I, [PRINCIPAL], Filipino, [civil status], of legal age, residing at [ADDRESS], hereby APPOINT [ATTORNEY-IN-FACT], Filipino, [civil status], of legal age, residing at [ADDRESS], as my true and lawful ATTORNEY-IN-FACT to:

1. SELL and convey, for a price of not less than **P[MINIMUM PRICE]**, my property described as:
   [Type of property], located at [ADDRESS], covered by [TCT/CCT No. ______], with an area of [___ sq.m.], more particularly described in the title;
2. Sign the **Deed of Absolute Sale** and all related documents; receive earnest money and the purchase price; issue acknowledgments/receipts; and pay taxes, fees, and charges with the BIR, LGU, and Registry of Deeds;
3. Deliver possession and turn over ownership documents upon full payment;
4. Do all acts necessary and incidental to effect the transfer of title to the buyer.

[If married/conjugal: My spouse, [NAME], hereby gives consent to the above disposition.]

This authority is **non-transferable** and valid until [DATE] unless sooner revoked in writing.

IN WITNESS WHEREOF, I signed this [DATE] at [CITY/PROVINCE], Philippines.

[Principal’s Signature over Printed Name]
[ID details]

CONFORME:
[Attorney-in-Fact’s Signature over Printed Name]
[ID details]

[If applicable: Spousal Consent signature block]

(Use the same Acknowledgment block as above.)

3) SPA for Banking Transactions

SPECIAL POWER OF ATTORNEY
(BANKING)

I, [PRINCIPAL], Filipino, [civil status], of legal age, [address], appoint [ATTORNEY-IN-FACT], Filipino, [civil status], of legal age, [address], to:

1) Appear before [BANK NAME & BRANCH] regarding Account No. [__________] in my name;
2) Deposit/withdraw funds, request statements and certifications, replace debit/ATM cards, update KYC records, and sign forms;
3) For time deposits: open/close/rollover; for remittances: send/receive in my name;
4) **Exclusions/limits**: [e.g., “No authority to apply for loans/credit cards or to enroll in new electronic services,” unless you allow it.]

Valid until [DATE or “revoked in writing”]. I ratify lawful acts done under this SPA.

[Signatures + Acknowledgment block]

Important: Many banks require their own SPA forms/wording. Bring this SPA as backup, but check the bank’s requirements.

Frequently Asked Questions

1) Does an SPA need to be registered? Not generally. But if used in land transactions, registries may require to see the SPA (and sometimes annotate/retain a copy). Always submit originals.

2) Can one SPA cover multiple acts? Yes. Group related acts (e.g., all steps for a specific property sale). For unrelated powers (e.g., real estate sale + banking + litigation), consider separate SPAs.

3) Can I authorize multiple agents? Yes—say whether they act jointly, jointly and severally, or successively.

4) What happens if the principal dies or becomes incapacitated? Agency generally terminates. Third parties should be notified promptly.

5) Does an SPA executed abroad need translation? If not in English/Filipino, a sworn translation may be required by receiving offices.

6) Can an SPA be used for marriage/annulment/immigration filing? Some acts are personal or have strict formalities. Ask the specific office or a lawyer first.

One-Page Pre-Notarization Checklist

Correct names, addresses, civil status, and IDs of principal and agent
Specific acts clearly listed (and limits stated)
Property/account details included (TCT/CCT, account numbers, minimum price/limits)
Validity period and non-transferability (if desired)
Enough original copies prepared
Valid ID(s) ready for personal appearance
If abroad: consular notarization or Apostille arranged
If conjugal/co-owned: spousal/co-owner consents/SPAs attached
Confirm receiving office format quirks (bank/registry/agency)
Budget for notarial fees and any documentary stamps

If you’d like, tell me your exact use case (e.g., “sell our Cavite lot,” “claim Pag-IBIG check,” “update bank KYC”), and I can tailor a tight SPA draft with the right clauses and limits in minutes.