This guide explains, in plain but precise terms, what a Special Power of Attorney (SPA) and an Affidavit of Loss (AOL) are in the Philippines—when to use each, how to prepare and notarize them, pitfalls to avoid, and practical templates you can adapt.

Big-picture difference

Topic	Special Power of Attorney (SPA)	Affidavit of Loss (AOL)
What it is	A delegation of authority: you (the principal) authorize someone (the attorney-in-fact/agent) to perform specific legal acts on your behalf.	A sworn statement of fact: you declare under oath that a specific item/document was lost, how it happened, and what you want done (e.g., replacement, blocking).
Core function	Enables a third person to act with your consent.	Proves the fact of loss to institutions that require it.
Notarial act	Acknowledgment (you acknowledge you executed the document as your free act and deed).	Jurat (you personally swear to the truthfulness of the contents).
Typical uses	Selling real property, signing contracts, banking transactions, filing cases, claiming benefits, handling government paperwork.	Replacement of IDs (e.g., UMID, TIN, PRC), bank passbooks/ATM cards, vehicle OR/CR, titles or certificates, checks, SIM cards, company IDs, school records.
Who signs	The principal (and sometimes the agent to acknowledge acceptance).	The affiant (the person who lost the item or has personal knowledge of the loss).
Key legal ideas	Agency; certain acts must have special authority in writing (e.g., sale/mortgage of real property).	Sworn statement; false statements can amount to perjury under the Revised Penal Code.
Effect on third parties	Binds third parties who rely on the agent’s authority if the SPA is valid and properly presented.	Evidentiary affidavit—often required by agencies/banks; acceptance depends on their rules and any supporting proof (police/barangay blotter, IDs).

Special Power of Attorney (SPA)

1) When you need an SPA

Use an SPA whenever you cannot personally appear or sign, especially for acts that require “special authority,” such as:

Sale, mortgage, or lease (beyond one year) of real property or creation of real rights over immovables.
Receiving or paying money, endorsing checks, or making banking transactions when the bank requires an SPA.
Litigation acts (filing a case, executing a settlement, compromise, or special pleadings) if the court or rules require a specific authority.
Corporate/shareholder acts (voting proxies, transfer of shares) where the corporation’s by-laws or transfer agent requires it.
Government processes that mandate personal appearance unless represented by one with an SPA (e.g., LRA, BIR, LTO, SSS/GSIS in certain transactions).

Tip: Banks, registries, and government offices often insist on their own SPA forms or extra wording. Ask their checklist before drafting.

2) Formal requirements & notarization

In writing, signed by the principal.
Notarized under acknowledgment by a Philippine notary public (or equivalent if executed abroad).
The notary will require personal appearance and competent evidence of identity (e.g., government-issued IDs).
If executed abroad, it may be:
- Notarized by a local notary in that country and apostilled (for Apostille-party countries), or
- Consularized/notarized at a Philippine Embassy/Consulate (for non-Apostille countries).

3) Substantive essentials (what to include)

Title (e.g., “Special Power of Attorney”).
Full identities of principal and agent (names, civil status, nationality, address, IDs).
Clear, specific authority: describe the acts authorized (e.g., “to sell my condominium described as… for a price not less than…”).
Property or transaction details (technical description for land; account numbers for banking; case titles for litigation).
Effectivity (date range) and any limitations (price thresholds, need for principal’s prior written consent).
Ratification/confirmation clause (optional but helpful).
Acceptance by attorney-in-fact (some institutions ask for it).
Signatures, notarization block, and initials on each page (good practice).

4) Registration & use

For real property deals, the SPA is typically presented to the Registry of Deeds and may be annotated on the title or kept as supporting proof with the deed signed by the attorney-in-fact.
For corporate shares, the transfer agent or corporate secretary retains a copy.
For bank transactions, the bank keeps a copy and may require specimen signatures of the agent.

5) Termination of authority

Revocation by the principal (ideally in writing and notarized; notify the agent and relevant third parties).
Completion of the authorized act; expiry if the SPA sets an end date.
Death, civil interdiction, or incapacity of the principal (or agent), unless the law provides otherwise.
Agency coupled with interest may have special rules—seek advice for edge cases.

6) Common pitfalls

Vague mandates (e.g., “handle everything”). Many institutions reject overly broad SPAs.
Non-appearance before a notary or lack of valid ID → defective acknowledgment.
Using a general power when a special power is required (e.g., to sell land).
Price/terms not stated for sales, causing banks/registries to refuse.

Affidavit of Loss (AOL)

1) When you need an AOL

Organizations require an AOL to process replacements or cancellations for:

Government IDs (TIN, UMID, PRC, postal, etc.) or licenses/permits.
Bank items (passbooks, checkbooks, ATM cards), stock certificates, bond certificates.
Vehicle documents (LTO OR/CR), insurance policies, company IDs, academic records.
SIM or device loss (for blocking/replacement).
Land title owner’s duplicate: an AOL is part of the evidentiary paperwork for a reissuance petition, but court proceedings and publication are usually required for titles—agencies will not replace a land title on AOL alone.

2) Notarization (jurat)

Executed under a jurat: the affiant personally appears, shows IDs, and swears the contents are true.
Agencies may also ask for supporting proof: police or barangay blotter, receipts, photocopies of the lost item, or incident reports.

3) Substantive essentials (what to include)

Affiant’s identity and address.
Precise description of the lost item (ID number, account number, serial number, plate number, certificate number, date of issue, etc.).
Circumstances of loss (date, time, place, how it likely happened; efforts to locate/recover).
Negative possession statement (you no longer have the item; it was not pledged/assigned; not confiscated).
Undertaking to report if found and to indemnify/hold the institution harmless if a third party claims under the lost item.
Purpose clause (e.g., “for replacement of my ATM card by Bank X”).
Request for cancellation/blocking if appropriate.

4) Important cautions

An AOL does not guarantee approval; it’s one requirement among others in an institution’s process.
False statements can lead to criminal liability for perjury.
For high-value items (e.g., checks, stock certs, land titles), expect waiting periods, publications, bonds/indemnities, or even court orders.

Acknowledgment vs. Jurat (Why it matters)

Acknowledgment (SPA): The notary certifies that the signer voluntarily executed the document. Often used for contracts, deeds, and powers of attorney; required for documents to be recorded or relied upon by third parties.
Jurat (AOL): The notary administers an oath; the affiant swears the contents are true and signs in the notary’s presence. Used for sworn statements/affidavits.

Agencies and registries strictly check this distinction; a wrongly notarized document can be rejected.

If signed abroad: Apostille & consularization

For countries that are parties to the Apostille Convention, a document notarized there typically needs an apostille to be recognized in the Philippines.
For countries not in the Convention, use consularization at a Philippine Embassy/Consulate.
Some Philippine agencies still require authenticated IDs or passport copies alongside the apostilled/consularized document; check their checklist.

Data privacy & sensitive information

Both documents may include personal identifiers (ID numbers, addresses, plate numbers, account numbers). Limit disclosure to what is necessary and redact copies provided to unrelated parties.

Practical checklists

SPA checklist

Principal’s full identity & valid ID
Attorney-in-fact’s full identity
Specific authorities (no vague catch-alls for sensitive acts)
Property/transaction details (title nos., TCT/CTC nos., case nos., account nos.)
Limits/price floors/validity period
Signature of principal; acknowledgment before a notary
If abroad: apostille or consularization
Extra: agent’s signed acceptance if required by the receiving institution

AOL checklist

Affiant’s full identity & valid ID
Exact description of the lost item (numbers, dates, issuer)
Facts and circumstances of loss; efforts to locate
Statement that item is not pledged/assigned/confiscated
Undertaking to report recovery; indemnity language
Purpose (replacement/cancellation/blocking)
Jurat before a notary
Supporting docs: police/barangay blotter, photocopies/receipts, institutional forms

Sample templates (for guidance only)

Note: Adapt to your facts. Many institutions provide their own formats—use those when available.

A. Special Power of Attorney (sale of condominium)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, JUAN DELA CRUZ, of legal age, Filipino, married, with address at 123 Mabini St., Quezon City, holder of PhilID No. __________, do hereby APPOINT, NAME, and CONSTITUTE MARIA SANTOS, of legal age, Filipino, single, with address at 45 Luna St., Quezon City, holder of Passport No. __________, as my true and lawful ATTORNEY-IN-FACT, to do and perform the following acts for and in my name, place, and stead:

1. To SELL my condominium unit located at Unit 10-A, Tower One, Sunshine Residences, Quezon City, covered by CCT No. __________, including the exclusive parking slot No. ___, for a price of not less than PESOS: TWO MILLION FIVE HUNDRED THOUSAND (Php 2,500,000.00), to such buyer and under such reasonable terms as my attorney-in-fact may deem proper;

2. To sign, execute, and deliver the Deed of Absolute Sale and all related documents; to receive and issue receipts for the purchase price; to pay and secure tax clearances; and to file, process, and sign documents before the BIR, City Assessor, and Registry of Deeds, and to claim the issued Transfer Certificate of Title and updated tax declarations;

3. To do all acts necessary and incidental to the foregoing authority.

This authority is valid for ONE (1) YEAR from execution unless earlier revoked in writing.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20___ in Quezon City, Philippines.

   (sgd.) JUAN DELA CRUZ
   Principal

WITH MY CONFORME:

   (sgd.) MARIA SANTOS
   Attorney-in-Fact

Notarial Acknowledgment: Use the standard Philippine acknowledgment form with venue, date, notary’s name, roll number, commission serial, IBP/PTIN, and competent evidence of identity details.

B. Affidavit of Loss (bank passbook)

AFFIDAVIT OF LOSS

I, MARIA SANTOS, of legal age, Filipino, single, with address at 45 Luna St., Quezon City, after having been duly sworn in accordance with law, depose and state:

1. I am the depositor of Account No. __________ with ABC Bank, Main Branch, and was issued Passbook No. __________ on __________.

2. On or about 15 September 2025, while commuting from my residence to my workplace, I discovered that said passbook was missing and may have been misplaced or lost. Despite diligent efforts to locate the same, including retracing my route and inquiring with transport services, I have been unable to recover it.

3. The passbook is not in the possession of any other person by my authority; it has not been pledged, assigned, or delivered for safekeeping, nor seized by any government authority.

4. I undertake to immediately report to ABC Bank should I recover said passbook, and I agree to indemnify and hold the bank free and harmless from claims that may arise in replacing the same or blocking unauthorized transactions.

5. I am executing this Affidavit to attest to the truth of the foregoing and to request ABC Bank to cancel the lost passbook and issue a replacement in my name.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20___ in Quezon City, Philippines.

   (sgd.) MARIA SANTOS
   Affiant

Jurat: Use the standard Philippine jurat (subscribed and sworn to before me…), with ID details and notary’s particulars.

Practical scenarios

You’re overseas and need to sell your Philippine condo. Prepare an SPA specifying the exact unit, minimum price, and all processing authority. Execute before a local notary and get an apostille (or consularize, if needed). Your attorney-in-fact signs the Deed of Sale in the Philippines and processes transfer.
You lost your LTO OR/CR. Prepare an AOL detailing the loss. LTO will usually require additional steps: police/barangay report, clearance, and payment of fees. Expect a waiting period and issuance procedures per LTO rules.
You misplaced a stock certificate. An AOL is required, but the transfer agent may also ask for a surety bond, publication, and a waiting period before issuing a replacement certificate.

Frequently asked questions

1) Can one SPA cover multiple tasks? Yes, but keep sensitive acts (e.g., sale of real property, mortgage) clearly and separately stated. Overbroad wording risks rejection.

2) Does an SPA need witnesses? Not strictly by law for validity, but some banks or registries require two witnesses as a matter of policy. Check their checklist.

3) How long is an AOL “valid”? There’s no statutory “expiry,” but institutions may set timelines (e.g., replace within 30/60/90 days). Fresh affidavits carry more weight.

4) Can I revoke an SPA anytime? Generally yes, by written, preferably notarized revocation served on the agent and notified to third parties who rely on it.

5) What happens if I find the lost item after submitting an AOL? Notify the institution immediately; some require surrender/cancellation of the recovered item and may investigate to prevent double claims.

Bottom line

Use an SPA to empower someone to act for you—especially for high-impact transactions where special, written authority is demanded.
Use an AOL to prove a loss and unlock an institution’s replacement/cancellation process.
Match the correct notarial act (acknowledgment for SPA; jurat for AOL), follow the receiving agency’s checklists, and be precise in your drafting.

If you want, tell me your exact transaction (agency/bank and purpose), and I’ll tailor the wording to their usual requirements.