Below is a practitioner-style overview—designed for lawyers, notaries, conveyancing officers, and compliance staff—of everything that matters when the Special Power of Attorney (SPA) is signed with only one witness under Philippine law. I cite controlling statutes, rules, and Supreme Court doctrine; flag divergent administrative practices; and finish with practical checklists. (All references are to Philippine laws and jurisprudence unless otherwise indicated.)
1. Nature of a Special Power of Attorney
| Point | Key Take-aways |
|---|---|
| Definition | An SPA is a written instrument by which the principal confers on an agent authority to do one or more “acts of strict dominion” (Civil Code arts. 1878–1879). |
| Form in General | No specific form is prescribed between the parties (art. 1356). However, if the SPA covers acts that the law requires to be in a public instrument (e.g., sale of real property), the SPA itself must also be in a public instrument; otherwise the conveyance is ineffective against third persons (art. 1874, in relation to art. 1358). |
| Interaction with the Statute of Frauds | SPAs falling under acts enumerated in art. 1403(2) (sale of real property, etc.) likewise need to be written to be admissible in evidence. |
2. Statutory and Rule-based Witness Requirements
| Source | What it actually requires | Does it mandate two witnesses? |
|---|---|---|
| Civil Code | No express witness requirement for powers of attorney of any kind. | No. |
| Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended) | The instrument must be signed or acknowledged in the presence of the notary. The notary must establish the signer’s identity by (a) competent ID or (b) two credible witnesses (Rule II, § 12). | Witnesses here are only for identification, not for attestation of the instrument; one or none is possible if signers present valid IDs. |
| Notarial Law before 2004 | Historically, Act No. 2103 (1911) used the phrase “two witnesses of lawful age” for notarization, but this was impliedly repealed by the 2004 Rules. | No longer controlling. |
| Administrative Agency Circulars | Some registries (e.g., LRA, SSS, Pag-IBIG) internal guidelines ask for two attesting witnesses on an SPA filed with them. These are policy requirements, not statutes. | Depends on agency; non-compliance may delay processing but does not per se void the SPA. |
Bottom line: No Philippine statute or Supreme Court rule today makes the substantive validity of an SPA depend on having two attesting witnesses. What matters is that the SPA is duly signed and, when required, properly notarized.
3. Jurisprudence
Spouses Abalos v. Heirs of Gomez, G.R. 169144, December 4 (2009) Held: A notarized SPA is a public document and enjoys the presumption of authenticity; the burden of proof is upon the party impugning it. No mention that absence of witnesses voids it.
Spouses Reyes v. Heirs of Malance, G.R. 154448, August 11 (2008) Held: Where the SPA was notarized but the principal never appeared before the notary, the notarization was void; consequently, the supposed sale of land was invalid. Relevance: The defect related to appearance, not to number of witnesses.
Fudotan v. Heirs of Fudotan, G.R. 202221, March 9 (2020) Held: Even a validly notarized SPA can be revoked; but until revocation is proved, reliance on the SPA is protected. No witness count discussion.
People v. Dizon, A.C. 11951, October 7 (2020) Held: Notary public administratively liable for notarizing without verifying identity. Emphasizes competent evidence of identity or two credible witnesses, not attestation.
No reported case has annulled an SPA solely because it was witnessed by only one person.
4. Practical Effects of Having Only One Witness
| Scenario | Legal Risk? | Real-world Impact |
|---|---|---|
| Principal appears, shows ID, signs before notary, no witnesses sign | None. Valid notarization. | Land Registry & banks generally accept. |
| Principal cannot produce ID; only one “credible witness” is available | Notary cannot proceed (Rule II § 12 requires two credible witnesses if ID is lacking). | Must find a second credible witness or obtain ID. |
| Private SPA (not notarized) with only one attesting witness | SPA is a private document. It is valid between the parties, but to bind third persons it must be proven and authenticated in court (Rules of Evidence, Rule 132 § 20). | Courts may require testimony of the witness to authenticate. |
| Agency submission (e.g., Pag-IBIG housing loan) requires two attesting witnesses | Agency may refuse filing, but defect is procedural. The SPA itself is not void under civil law. | Add a second witness via a “ratification page” or execute a fresh SPA. |
5. Best-Practice Drafting Checklist
Always notarize the SPA when it will be used to transfer or encumber real or registrable property, or for dealings with government agencies or banks.
Page format: include complete names (with middle names), citizenship, civil status, and addresses of principal and attorney-in-fact; paginate and initial each page.
Insert two witness lines (“Signed in the presence of…”) even though not strictly required; this avoids push-back from conservative examiners.
Ensure the principal appears before the notary with:
- One government-issued ID with photo and signature; OR
- If no ID, exactly two credible witnesses who each have their own IDs and who personally know both the notary and the principal.
Attach documentary stamp tax (DST) proof if the SPA is coupled with conveyance or loan applications; most registries inspect for DST compliance.
If executed abroad, follow either:
Route Essentials Consularized SPA Signed before a Philippine consular officer; Philippine Embassy usually requires two witnesses and uses its own form. Apostilled SPA SPA notarized locally, then apostilled under the 1961 Hague Convention; Philippine receiving office may still require a Philippine-style “two-witness” signature block. Include explicit revocation clause or execute a separate revocation instrument; record revocation in appropriate registries if real property is involved.
6. Frequently-Asked Questions
| Question | Answer |
|---|---|
| Does one witness invalidate my SPA? | No. Substantive validity is unaffected provided the principal validly executed and, where required, notarized the SPA. |
| Can the Registry of Deeds reject an SPA with only one witness? | It may issue a routing slip citing its Manual for Registers (which mirrors LRA administrative memos) that prefers two attesting witnesses. In practice, many registries still accept properly notarized SPAs even if only one witness line is signed. |
| What if the notary required two witnesses and I had only one? | That requirement is about identity verification, not instrument attestation. Provide a second credible witness or a valid ID. |
| Is a PDF scan of a one-witness SPA acceptable for bank transactions? | Most banks want the original notarized SPA. Some accept e-notarized or consularized electronic originals if the bank’s corporate notarization policy permits electronic notarization (see BSP Memo M-2021-032). |
| How long is an SPA valid? | Unless the SPA sets a definite period, it endures until revoked, until the task is accomplished, or upon death/insanity of principal or agent (Civil Code art. 1919). Witness count does not affect duration. |
7. Compliance Flowchart (One-Page Reference)
- Identify act → Is it covered by art. 1878/1879 or agency rules?
- Form required → Public instrument? Notarize.
- ID check → Principal presents ID or secure two credible witnesses.
- Witness lines → Add two attesting witness blocks as best practice.
- Notarize → Follow 2004 Rules on Notarial Practice.
- Pay DST → If applicable.
- Submit → Registry/agency/bank acceptance.
- File revocation when needed.
8. Conclusion
Under current Philippine law, the presence (or absence) of a second attesting witness does not determine the substantive validity of a Special Power of Attorney. The critical elements are (1) the principal’s authority to execute, (2) proper form—notarization when the underlying act needs a public instrument, and (3) compliance with identification rules before the notary. Nonetheless, given the administrative culture of many registries and banks, including two witness signatures remains a near-universal practical safeguard. Where only one witness was used, be prepared to (a) show the notarization page proving the signatory appeared with ID, or (b) supply a corrective or ratification instrument on demand.
This material is for informational purposes only and is not a substitute for individualized legal advice.