Special Power of Attorney (SPA) to Claim Salary in the Philippines

A practitioner-style guide to requirements, drafting, notarization, typical fees, and practical pitfalls

1) What a “Special Power of Attorney to Claim Salary” is—and why it matters

A Special Power of Attorney (SPA) is a written authorization by which a principal empowers an attorney-in-fact/agent to perform a specific act in the principal’s name. For salary matters, an SPA allows a trusted person to receive payroll cash or checks, pick up pay slips, sign payroll acknowledgment sheets, and—if expressly granted—execute receipts/acknowledgments and release/quitclaim forms related to those earnings.

Under the Civil Code on Agency, powers must be specific when they affect ownership or release rights. While merely receiving cash is ministerial, employers typically require a clear, narrowly tailored SPA to prevent fraud and protect both the company and the employee.

2) When you need one (common scenarios)

Employee is out of town/overseas, ill, or otherwise unable to appear at payroll release.
Final pay or back wages are ready but the employee cannot personally receive them.
Separated employees authorizing a family member to pick up final documents, tax forms, or last pay.
Government disbursements channeled through the employer (e.g., salary differentials, wage subsidy checks) where personal appearance is ordinarily required.

Tip: If the employer also requires a Release, Waiver, and Quitclaim, the SPA must explicitly authorize the attorney-in-fact to execute and sign such release; otherwise, HR may reject it.

3) Core legal elements of a valid SPA (Philippine context)

Title: “Special Power of Attorney to Claim Salary.”
Parties: Full names, civil status, nationality, and addresses of principal and attorney-in-fact.
Specific Grant of Authority:
- Identify the employer (full registered name), site/branch, and payroll periods or amounts.
- Enumerate acts: receive salary/cash/check; sign payroll acknowledgment; receive pay slips/withholding statements; present ID; execute receipt.
- Add optional powers, if needed: endorse or deposit checks; execute Release, Waiver, and Quitclaim limited to the salary/final pay; receive tax forms (BIR 2316) and COE copies.
Effectivity/Limitations: A fixed date range or “until revoked/fulfilled,” plus a clear non-transferability clause (agent cannot delegate).
Signatures: Principal’s signature (or thumbmark with witnesses if necessary) and date/place of signing.
Acknowledgment Clause for notarization (see §5–6).
Attachments: Photocopy of the principal’s valid government ID and, if employer requires, the agent’s ID copy.

4) Minimum documentary requirements (what HR and notaries commonly look for)

Original SPA (notarized).
Valid ID of the principal (e.g., passport, UMID/PhilID, driver’s license, PRC ID).
Valid ID of the attorney-in-fact (for presentation to HR).
Employee/Payroll info: employee number, department, and pay period(s).
Employer-specific forms (if any): claim stubs, gate passes, release forms.
For check pick-up: Some employers require the SPA to authorize acceptance and acknowledgment of a company check specifically identifying the payroll period.

Special cases

Principal cannot sign (illiterate/physically unable): a thumbmark is acceptable if witnessed and the notary includes the required notation.

Corporate principal (rare for salaries, more for professional fees): require a Board Resolution or Secretary’s Certificate authorizing a signatory to issue the SPA.

5) Notarization in the Philippines: what actually happens

Type of notarization: An SPA is notarized by acknowledgment (not jurat). The principal appears in person before a commissioned notary within the same city/province of the notary’s commission.
Identity verification: The notary requires competent evidence of identity—typically one current, government-issued ID with photo and signature (or credible witnesses if none).
Notarial register & seal: The document is entered in the notary’s register, stamped, sealed, and assigned an entry number.
Documentary Stamp Tax (DST): A minimal DST is affixed for a power of attorney; many notaries bundle this in the fee.
Copies: Ask for at least two notarized originals—one for HR and one for your file.

6) Executing or using the SPA from outside the Philippines

You have two paths for documents signed abroad and used in the Philippines:

Apostille route (if executed in a Hague Apostille member country):
- Sign the SPA before a local notary in that country.
- Obtain an Apostille from that country’s competent authority.
- Present the apostilled SPA in the Philippines (generally accepted by private entities; attach copies of IDs).
Philippine Embassy/Consulate route (any country):
- Execute the SPA before the Philippine Embassy/Consulate (consular acknowledgment).
- The consularized SPA is directly usable in the Philippines.

Practical note: Some HR desks are more familiar with consularized documents; others accept apostilled SPAs without issue. When in doubt, ask HR which they prefer.

7) Typical notarial and related fees (what to expect)

These are market-typical ballpark figures and vary by city, document length, whether drafting is included, and the notary’s overhead.

Basic notarization of a simple SPA (1–2 pages; you provide the draft): usually ₱300–₱1,000.
With drafting assistance (the notary/law office prepares the SPA): often ₱800–₱2,500 depending on complexity and rush.
Mobile/onsite notarization: additional call-out or travel fees (commonly ₱500–₱2,000 within city limits).
Extra notarized copies: ₱50–₱200 per copy.
Apostille/consularization costs abroad: follow host-country schedules; expect a separate fee at the foreign office/consulate.

Why fees differ

City vs. provincial practice;

Office vs. mobile notarization;

Inclusion of DST, printing, and photocopies;

Whether specialized clauses (e.g., quitclaim authority) are being tailored.

8) Step-by-step: getting it done

Confirm HR requirements: Ask payroll/HR which exact powers they need and whether they require specific wording or IDs.
Draft the SPA (use the template below) and review the scope—keep it no broader than necessary.
Prepare IDs (principal and agent).
Appear before a notary with the unsigned draft (you’ll sign in the notary’s presence).
Check the notarial acknowledgment page for correct names, IDs, date, city/province, and notary’s commission details.
Make multiple originals.
Give the agent: the notarized original, ID copy of the principal, and any company forms.
After release, keep receipts/acknowledgments for your records.
Revoke the SPA in writing (notarized Revocation of SPA) once the task is complete, then notify HR.

9) Common mistakes that cause HR rejection

SPA is too generic (“…to do any and all acts…”) with no mention of salary or employer.
Missing authorization to sign payroll acknowledgment or receive checks.
Mismatch in names/IDs or incorrect employer name/branch.
SPA signed before a notary outside the notary’s territorial commission.
Photocopy submitted when original is required.
SPA executed abroad without Apostille or consular acknowledgment.
Attempting to authorize the agent to delegate (sub-agent) without explicit permission—HR will usually refuse.

10) Duration and termination

Unless a specific end date is stated, an SPA generally remains effective until revoked, fulfilled, or extinguished by law (e.g., completion of the act, revocation by the principal, renunciation by the agent, or by operation of law such as death or incapacity of the principal). For payroll, it is best practice to limit an SPA to named pay periods or a short validity (e.g., 30–90 days).

11) Data privacy and risk management

Include a data-sharing consent line authorizing HR to disclose only the minimum necessary payroll info to the agent for the purpose of release.
Avoid granting banking/endorsement powers unless truly needed.
Instruct HR not to release beyond the specified amounts/periods.
After use, revoke and retrieve extra originals to prevent misuse.

12) Template: Special Power of Attorney to Claim Salary

Use this as a guide. Customize names, employer, dates, and powers. Keep to 1–2 pages where possible.

SPECIAL POWER OF ATTORNEY
TO CLAIM SALARY

KNOW ALL PERSONS BY THESE PRESENTS:

I, [FULL NAME OF PRINCIPAL], of legal age, [civil status], [nationality], and residing at [address],
bearing [Type of Government ID] No. [ID no.], do hereby APPOINT, NAME, and CONSTITUTE
[ FULL NAME OF ATTORNEY-IN-FACT ], of legal age, [civil status], [nationality], residing at [address],
bearing [Type of Government ID] No. [ID no.], as my true and lawful attorney-in-fact, to do and
perform the following acts in my name, place, and stead:

1) To receive from my employer, [FULL REGISTERED NAME OF EMPLOYER], [site/branch address],
my salary/payroll proceeds for the pay period(s) [specify dates] including any cash or check
payments, pay slips, and related payroll documents;

2) To sign payroll acknowledgment sheets, salary release logs, and receipts/acknowledgments
solely for the purpose of confirming receipt of the above salary;

[Optional clauses—include only if required:]
3) To accept and acknowledge company checks payable to me for said salary and to present
valid identification for such purpose;

4) [If required by HR:] To execute a Release, Waiver, and Quitclaim limited to the above salary
and final pay for the said period(s), without prejudice to any other claims not covered herein;

This authority is limited to the foregoing acts and shall be valid until [date or condition, e.g.,
“thirty (30) days from execution”], unless earlier revoked in writing. This SPA is non-transferable.

I hereby give my consent for [Employer] to disclose to my attorney-in-fact only such minimum
salary/payment information as may be necessary to effect the above release.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city/province], Philippines.

_____________________________
[NAME OF PRINCIPAL]
[Signature over printed name]

SIGNED IN THE PRESENCE OF:  _______________________   _______________________

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 and number], known to me and to me known to be the same
person who executed the foregoing Special Power of Attorney and acknowledged to me that the same
is her/his 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 20__.

13) Quick checklist (print-friendly)

Employer’s full legal name and branch indicated
Pay period(s)/amount(s) identified
Express authority to receive salary and sign acknowledgment
Optional authority for checks and quitclaim (only if HR demands)
IDs of principal and agent prepared
Acknowledgment (not jurat) notarial form used
Territorial jurisdiction of notary correct
Apostille/consular acknowledgment arranged if signed abroad
Two notarized originals produced
Revocation prepared once task is completed

14) Frequently asked practical questions

Can my spouse/relative pick up my pay without an SPA? Generally no; most employers require a notarized SPA to release salary to someone other than the employee.

Can my agent endorse my payroll check to deposit it? Only if the SPA explicitly allows endorsement/deposit. Many employers will still insist that the payee personally endorses the check or will reissue via authorized channels.

Is a barangay-issued authorization enough? Usually insufficient for payroll. Employers prefer a notarized SPA.

How long should validity be? Keep it short and tied to specific pay periods. It minimizes risk and speeds HR approval.

Do I need to pay DST separately? Notaries often bundle DST and incidental costs into their fee. Ask for a breakdown if you want transparency.

15) Sensible drafting & fee tips

Bring a clean, editable draft to reduce fees and error risk.
Ask the notary to include complete ID details in the acknowledgment to avoid HR back-and-forth.
If you need mobile notarization, book early and confirm the notary’s commission city/province.
Request an OR (official receipt) from the law office/notary; this helps if your employer reimburses costs.

Bottom line

For salary releases in the Philippines, a clear, narrowly tailored, properly notarized SPA is the safest path. Keep the authority specific, satisfy HR’s checklist, observe the notarization rules (including for documents signed abroad), and budget for reasonable, locally varying notarial fees.