1) What this is about

A Special Power of Attorney (SPA) is a written authorization where a Principal (the person who owns the passport or has lawful custody/control of it) appoints an Attorney-in-Fact (AIF) (the representative) to do a specific act—here, to claim/retrieve a passport from the Bureau of Immigration (BI).

In Philippine practice, BI offices sometimes keep passports in their custody in connection with immigration transactions (for example, verification, implementation of conditions, or processing steps that require temporary surrender of the passport). When the passport is ready to be released, BI may allow release to a representative—commonly requiring a notarized SPA plus identification and transaction proofs.

This article focuses on the Philippine legal concepts, drafting essentials, notarization requirements, and practical claim mechanics for an SPA used specifically to retrieve a passport from BI.

2) Why an SPA (not just an “authorization letter”) is usually required

BI releases a passport only if it is satisfied that:

the representative has clear authority, and
the BI staff is protected from releasing a sensitive document to the wrong person.

A simple authorization letter may be accepted for low-risk releases in some settings, but a notarized SPA is the stronger, more defensible document because notarization:

verifies the identity of the signer (Principal),
reduces forgery risk,
creates a formal record in the notary’s register.

Because a passport is a high-value identity document, agencies often default to requiring an SPA.

3) Legal foundation in Philippine context (agency + form)

A) SPA is rooted in the law on agency

An SPA is an agency document: the Principal authorizes an agent (AIF) to act in the Principal’s name for a specific purpose. The key legal idea is consent and authority—the agent can only do what the Principal specifically authorizes.

B) “Special” vs “General” Power of Attorney

General Power of Attorney: broad authority to manage multiple affairs.
Special Power of Attorney: authority limited to a particular transaction (e.g., “claim my passport from BI”).

For passports and government releases, “special” is preferred because it is narrow, clear, and easier for BI to evaluate.

C) Notarization rules matter

In the Philippines, notarization is governed by the 2004 Rules on Notarial Practice and related issuances. In general:

the Principal must personally appear before the notary public,
present competent evidence of identity (valid ID),
sign the SPA in the notary’s presence (or acknowledge a prior signature, depending on the notarial act used).

4) When an SPA to claim a passport from BI is typically used

Common situations include:

The Principal is abroad, ill, elderly, busy, or otherwise unable to personally pick up the passport.
The passport was held by BI during processing and must be retrieved at a BI office.
The Principal wants a trusted person (relative, employee, liaison) to handle pickup.

If the passport belongs to a minor, additional considerations apply (parental authority/guardianship; BI may require parents/guardians to execute documents and provide proof of relationship).

5) Who can be the Attorney-in-Fact (AIF)

Usually:

a spouse, parent, adult child, sibling, or other relative;
a trusted employee or company liaison (especially for corporate-sponsored immigration matters);
a lawyer or accredited representative (depending on context).

Practical tip: Choose someone who can:

appear during BI office hours,
present clean, valid IDs,
understand instructions and handle receipts safely.

6) What BI typically checks before releasing a passport to a representative

Requirements can vary by BI office, transaction type, and current internal policies, but commonly requested items include:

A) The SPA (usually notarized)

Original notarized SPA is often preferred.
Some offices accept a scanned copy initially but require the original at release.

B) IDs (both Principal and AIF)

Photocopy of the Principal’s valid ID(s) with signature.
Original and photocopy of the AIF’s valid ID(s).
Names and signatures should match those in the SPA.

C) Proof of the BI transaction / claim

Any of the following (depending on what BI issued):

claim stub / official receipt / acknowledgment receipt,
docket/reference number printout,
letter or notice that the passport is ready for release.

D) Passport owner identity link (when needed)

If the passport belongs to someone other than the Principal (rare but possible), BI may ask why the Principal has authority. Usually, the passport owner should be the Principal unless the Principal is acting in a legally recognized representative capacity (e.g., parent for a minor, guardian, corporate officer with authority, etc.).

7) Drafting essentials: what a strong SPA must contain

A BI-facing SPA should be specific, complete, and verifiable. Include:

A) Complete names and personal details

Principal: full name, nationality (if relevant), civil status, date of birth (optional but helpful), address.
AIF: full name, address.

B) Clear statement of authority (the core clause)

Use precise language like:

“to claim, receive, and retrieve my passport from the Bureau of Immigration…”
specify BI office/location if known (e.g., “BI Main Office, Intramuros, Manila” or the satellite office).
include transaction identifiers if available: passport number, BI reference/docket number, OR number, date of filing.

C) Scope limits (recommended)

Limit the authority to:

the single act of claiming/retrieving,
signing release logs/acknowledgments,
receiving related documents released with the passport (if any).

If you want the AIF to also handle corrections, submissions, or follow-ups, that should be explicitly stated—otherwise BI may refuse those additional actions.

D) Authority to sign BI release documents

Include permission to sign:

release forms,
acknowledgment receipts,
logbooks,
claim stubs surrender.

E) Validity period (highly recommended)

State:

“This SPA shall be valid until [date]” or “for a period of [X] days/months from signing.” A finite validity reduces misuse risk and increases acceptability.

F) Specimen signatures (often helpful)

Add:

Principal’s signature (as notarized),
AIF specimen signature line (signed by AIF on the SPA) so BI can compare at pickup.

G) Data privacy and document handling acknowledgment (optional but useful)

A short statement that the AIF will handle the passport securely and return it promptly can reassure.

8) Notarization: how to do it properly

A) If the Principal is in the Philippines

The Principal signs before a Philippine notary public.
Bring valid government ID(s).
Ensure the notary’s seal, commission details, and notarial register entries are complete.

B) If the Principal is abroad

There are two common routes:

Consular notarization (“acknowledgment” at a Philippine Embassy/Consulate) The Principal signs/acknowledges the SPA before a Philippine consular officer. This generally makes the document readily acceptable in the Philippines.
Local notarization abroad + authentication route The SPA is notarized under the host country’s system and then authenticated for use in the Philippines. The correct authentication method depends on whether the host country is part of the Apostille Convention.
- If apostille applies, the document is typically apostilled by the competent authority in that country.
- If not, it may require consular authentication steps.

In practice, Philippine agencies often find consular notarization simplest to evaluate, but apostilled documents can also be acceptable if properly done.

9) Common pitfalls that cause BI release delays or rejection

Vague authority “To transact with BI” may be deemed too broad or unclear. State “to claim/retrieve my passport.”
No notarization (when BI expects it) For passport release, BI staff often require a notarized SPA.
Name mismatches Different spellings, missing middle names, or inconsistent signatures.
No supporting IDs or unclear ID copies Photocopies must be readable; IDs must be valid and preferably government-issued.
No transaction reference When multiple passports/transactions exist, BI may insist on docket/OR numbers.
Overbroad authority that raises risk flags A sweeping SPA without limits can be treated cautiously. Narrow, specific SPAs are often smoother.
Expired SPA If you set a short validity and it lapses before pickup, BI may require a fresh SPA.

10) Practical step-by-step: using an SPA to claim the passport

Confirm the passport is releasable Make sure BI has cleared it for release and identify where it will be claimed.
Prepare the SPA Draft with complete details, clear authority, and validity period.
Notarize / authenticate Philippines: notarize locally. Abroad: consular notarize or apostille/authenticate as applicable.
Assemble the claim packet
- Original SPA
- Photocopy of Principal’s ID(s)
- AIF’s original ID + photocopy
- Claim stub/OR/reference printouts
- Any BI release notice
AIF appears at BI The AIF signs release documents and receives the passport.
Secure turnover The AIF returns the passport to the Principal promptly and safely (ideally with a written receipt if handled professionally).

11) Sample SPA (editable template)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [PRINCIPAL’S FULL NAME], of legal age, [civil status], [nationality], residing at [complete address], with [type of ID] No. [ID number], do hereby name, constitute, and appoint [AIF’S FULL NAME], of legal age, [civil status], residing at [complete address], with [type of ID] No. [ID number], as my true and lawful Attorney-in-Fact, to do and perform the following act for and in my name and stead:

To claim, receive, and retrieve my passport from the Bureau of Immigration (BI), specifically from [BI office / location], including the signing of any logbook, acknowledgment receipt, release form, or similar document required for such release.
To receive together with the passport any related document customarily released by BI in connection with the same transaction, and to surrender/submit any claim stub or receipt as may be required.

IDENTIFIERS (if available): Passport No.: [passport number] BI Docket/Reference No.: [number] Official Receipt (OR) No.: [number] | Date: [date]

This Special Power of Attorney shall be valid until [date] unless sooner revoked in writing.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month] [year] at [city], Philippines.

[PRINCIPAL’S PRINTED NAME] Principal

Conforme:

[AIF’S PRINTED NAME] Attorney-in-Fact (Specimen Signature)

ACKNOWLEDGMENT (Insert proper notarial acknowledgment block consistent with Philippine notarial practice: date, place, notary details, competent evidence of identity, etc.)

12) Extra considerations (special cases)

A) If the passport owner is a minor

Typically, the parent(s) with parental authority executes the SPA and provides:

proof of relationship (e.g., birth certificate copy),
parent’s IDs,
representative’s IDs.

B) If the Principal is a foreign national

The SPA can still be used. BI may be stricter about:

identity proof,
matching passport details,
clarity of authority and location,
authenticity if executed abroad.

C) If BI requires personal appearance

Some BI releases are “personal appearance only” due to heightened security, legal holds, alerts, or case-specific restrictions. An SPA cannot override an agency’s lawful requirement for personal appearance.

D) Revocation

Because an SPA is agency-based, the Principal can generally revoke it. If the Principal revokes before release, BI may refuse to honor it once notified. For safety, limit validity and keep control of originals.

13) Best practices checklist (quick reference)

Use a notarized SPA with narrow, specific authority: “claim/retrieve passport from BI.”
Include BI office location and reference numbers.
Provide IDs (Principal copy + AIF original and copy).
Add a validity date and AIF specimen signature.
Keep the original SPA clean and unaltered; avoid erasures.
Ensure names/signatures match IDs.
Bring claim stub/OR/reference printouts to BI.

14) Key takeaway

A well-drafted, properly notarized (or properly authenticated) SPA—paired with complete IDs and transaction proofs—provides BI a clear basis to release a passport to a representative while minimizing identity, fraud, and liability risks.