Using a Philippine Special Power of Attorney for Transactions in the United States: Apostille and Recognition

Philippine perspective. General information only—this is not legal advice for any specific transaction.

1) Why this matters

Filipinos often need a trusted representative (“agent” or “attorney-in-fact”) to transact in the United States—selling or mortgaging U.S. real estate, accessing a bank box, transferring a vehicle title, dealing with a brokerage, or signing court and settlement documents. The usual instrument is a Special Power of Attorney (SPA) executed in the Philippines, then apostilled so it can be accepted in the U.S.

2) Legal foundations (Philippine side)

Agency and “special” powers. Under the Civil Code, certain acts require a special power (i.e., they must be spelled out expressly), including: sale, purchase, mortgage or any encumbrance of real property; compromise or confession of judgment; making gifts; creating or assigning easements; novation, remission, arbitration, etc. When the U.S. transaction touches any of these, draft the SPA with clear, specific authorities (avoid broad, vague phrases).
Execution and notarization. In the Philippines, an SPA is a private document that becomes a public document upon notarization under the 2004 Rules on Notarial Practice. The notary:
- Verifies the principal’s personal appearance and identity (valid government ID).
- Uses an acknowledgment (for instruments) rather than a jurat (for affidavits).
- Requires the signatory’s wet ink signature in the notary’s presence.
Effect of notarization. Notarization elevates the SPA’s evidentiary weight and makes it eligible for apostille.

3) Apostille: what it is—and what it is not

Purpose. An apostille authenticates the signature and seal of the Philippine notary (or other public official). It does not validate the SPA’s contents or legality.
When needed. The U.S. is a party to the Hague Apostille Convention. For a Philippine-notarized SPA to be used in the U.S., obtain a Philippine apostille (issued by the DFA as the competent authority).
Scope. The apostille attaches to the notarized SPA (or to a notarial certificate) and should travel with the document as a single packet (do not detach).
Apostille vs. consularization. For U.S. use, apostille replaces consular legalization. You do not need U.S. Embassy/Consulate legalization when an apostille is present.

Practical tip: Some U.S. recipients (title companies, banks) will still “vet” the document. The apostille proves authenticity of the notary—not that your agent can do everything claimed. Make the SPA specific and attach supporting proof (IDs, corporate papers) when asked.

4) When a Philippine SPA will be recognized in the U.S.

Recognition in the U.S. has two layers:

Authentication layer (formality). The apostille satisfies the U.S. requirement to accept the document as a foreign public document.
Substantive layer (state law compliance). The SPA must meet the specific state’s rules for the transaction type. Common examples:

Real property conveyances. U.S. states often require that a POA used to sign deeds or mortgages be:
- Acknowledged (notarized). Foreign acknowledgments are usually acceptable if valid where taken and proved by apostille; however, recorders/title companies may insist on particular wording or additional witnesses (e.g., some states require two witnesses for certain POAs).
- Recorded with the deed/mortgage or recorded before the deed that relies on it. Ask the title/escrow company early.
Banking & brokerage. Many institutions insist on their own POA form regardless of apostille, or require a Medallion Signature Guarantee for securities transfers (this is different from notarization and cannot be provided by Philippine notaries).
Motor vehicles (DMV). State DMVs may accept an apostilled foreign POA or require a specific statutory power on their form.
Litigation/settlements. Courts and insurers typically accept an apostilled SPA empowering counsel to compromise/settle, but local rules or judge orders may add conditions.
Tax matters. For U.S. federal tax representation, the IRS generally requires Form 2848 (not just a general SPA). Your Philippine SPA can authorize your agent to execute Form 2848.

Bottom line: An apostille gets you through the door; state- and institution-level rules decide whether the SPA can perform the intended act.

5) Drafting a Philippine SPA that U.S. recipients accept

Core drafting rules

English text. Use clear, modern English; if bilingual, state English governs.
Full identification. Include the principal’s full name, marital status, citizenship, Philippine address; and the agent’s full name and address. Add IDs.
Specific powers. Track Civil Code “special powers” and U.S. state requirements:
- Real property: describe property (legal description if available), authorize execute/acknowledge/record deeds, mortgages, releases; receive funds; sign closing statements; obtain payoff letters; correct scrivener’s errors.
- Banking/brokerage: open/close accounts; access safe deposit box; endorse instruments; receive statements; but note: securities transfers may still need Medallion.
- Motor vehicle: execute title transfer/duplicate title applications with the state DMV.
- Litigation/settlement: hire/fire counsel; compromise, settle, execute releases.
- Taxes: authorize completion and filing of IRS/state tax forms (plus authority to appoint tax professionals), while acknowledging separate IRS form requirements.
Durability & effectiveness.
- If relevant to later incapacity, state that powers are durable (“shall not be affected by my subsequent incapacity”). Some U.S. states look for this word or equivalent.
- Immediate effectiveness unless you need a springing trigger; springing powers can cause acceptance problems.
Witnesses. Add two disinterested witnesses’ signatures (with names/addresses) in addition to notarization. Not always required under Philippine rules, but improves U.S. acceptance in witness-requiring states.
Notarial block. Use a Philippine acknowledgment that: (i) confirms personal appearance, (ii) identity via competent evidence, (iii) voluntary execution. Avoid jurat for instruments.
Severability & governing law. Provide that the SPA’s validity and form are governed by Philippine law (place of execution), but acts performed in the U.S. shall comply with the law of the state where performed.

Attachments often requested in the U.S.

Apostille (stapled/attached).
Clear copies of principal’s IDs; if property-related, prior deed or title report; if corporate/LLC, evidence of authority (board resolution, operating agreement); for married principals, spousal consent where community property rules or homestead protections could apply.

6) Execution and apostille process (Philippines → U.S.)

Sign before a Philippine notary. Principal appears with valid government ID; two witnesses sign if included. Ensure the title clearly says “Special Power of Attorney.”
Prepare for apostille.
- The document presented must bear the notary’s signature and seal and comply with notarial formalities.
- The apostille is issued by the Philippine DFA. They apostille the notary’s signature (or the RTC clerk’s if a notarial certificate or notarization verification is used).
Courier the apostilled SPA to the U.S. agent or closing/title company as directed. Keep a scanned copy.

If you executed the SPA at a Philippine Embassy/Consulate in the U.S., that is a Philippine public document executed abroad. For use in the U.S., U.S. recipients may still ask for an apostille by the DFA (the Philippine competent authority), which can be impractical from abroad—hence, for U.S. use, it’s usually better to notarize in the Philippines then apostille before sending to the U.S.

7) Common U.S. acceptance friction—and how to avoid it

“Wrong notarial form.” Some U.S. recorders prefer a local acknowledgment certificate. Solution: keep the Philippine acknowledgment, and add a supplemental U.S.-style acknowledgment page signed by the same notary if permitted, or obtain the recorder’s sample language in advance and have the title company approve your form before notarization.
Missing witnesses. Add two witness lines and have them sign at the same time as notarization.
Outdated/undated authority. Many institutions want the SPA dated within the past 6–12 months. Even if not a legal requirement, be ready to execute a fresh SPA for critical closings.
Institution-specific forms. Ask early whether the bank, broker, title company, or DMV insists on its own POA. If so, your agent uses the SPA to sign their form in the U.S.
Name mismatches. Make sure names match passports, titles, and bank records (include middle names/initials consistently).
Medallion vs. notarization. Securities transfers often require a Medallion Signature Guarantee. Notaries and apostilles do not substitute for this bank-issued guarantee.

8) Duration, revocation, and death/incapacity

Revocation. The principal can revoke the SPA by a written, notarized revocation; notify the agent and all counterparties; record the revocation if the SPA was recorded.
Death/incapacity. Agency generally terminates at death. Incapacity terminates agency unless the SPA is durable and the applicable U.S. state honors durable powers from abroad. Many institutions still require fresh documents upon incapacity.
Multiple agents. If naming more than one agent, specify joint vs. several authority and tie-breaker rules.

9) Special contexts

Marital consent / co-ownership. If the act involves conjugal/community property, include the spouse as a co-principal or obtain spousal consent with acknowledgment and apostille as well.
Corporate principals. Provide board resolution/secretary’s certificate, articles/bylaws, evidence that the signatory is authorized; U.S. counterparties may request apostilled corporate documents too.
Trusts & estates. If a Philippine principal acts as a trustee or executor for U.S. property, the U.S. title company will usually require trust/letters testamentary evidence and may not rely on a bare SPA.

10) Practical checklists

Before drafting

What U.S. state and institution will use the SPA?
Does that state require witnesses, recording, or statutory wording?
Will the institution accept a foreign apostilled POA, or insist on its own form?

At execution (Philippines)

Two disinterested witnesses sign (recommended).
Philippine acknowledgment completed; names/IDs match.
Initial every page; avoid blanks.

For apostille

Confirm the notary’s details are clear and legible.
Ensure the SPA is complete (no loose pages) when submitted.
Keep the apostille stapled; do not laminate.

For U.S. use

Send original apostilled SPA; keep scans.
For real estate, send early to the title/escrow company for pre-clearance.
For securities, confirm Medallion needs.
For IRS/state tax, prepare Form 2848/state equivalents.

11) Model skeleton clauses (for your lawyer to adapt)

Title: SPECIAL POWER OF ATTORNEY Principal: [Full Name], [Citizenship], of legal age, [Civil Status], with address at [Address], with [ID Type/No.] Agent: [Full Name], [Address], [ID]. Grant of Authority: I constitute and appoint the Agent as my true and lawful attorney-in-fact to do the following acts in [State, U.S.A.]:

Real Property. To sell, purchase, mortgage, lease, let, manage, execute, acknowledge, deliver, and cause the recording of deeds, mortgages, releases, assignments, affidavits, and any corrective instruments for the property located at [legal description or address], including execution of closing statements and receipt/disbursement of proceeds;

Banking/Brokerage. To open/close accounts; deposit/withdraw; endorse checks and drafts; access safe deposit boxes; communicate with and receive information from banks and brokers; provided that securities transfers may require a Medallion Signature Guarantee;

Motor Vehicle. To transfer title, apply for duplicate title, and sign DMV forms for vehicle [VIN];

Litigation/Settlement. To retain/dismiss counsel; compromise and settle claims; execute releases and stipulations;

Taxes. To prepare, sign, and file U.S. federal and state tax returns and forms and to execute IRS Form 2848 and state equivalents for representation;

Information & Corrections. To obtain information, correct clerical errors, and sign affidavits of identity or title as needed. Durability. This power shall not be affected by my subsequent incapacity. Effectiveness. Effective immediately and remains in force until revoked in writing or by my death. Ratification. I ratify all lawful acts done by the Agent pursuant hereto. Governing Law / Conflicts. As to form and validity, this instrument is governed by Philippine law; acts performed in the United States shall comply with the law of the state where performed. Witnesses: [Two witness lines with names/addresses/signatures and dates]

Philippine acknowledgment block (sample language)

ACKNOWLEDGMENT Republic of the Philippines ) City/Municipality of _______ ) S.S.

On this ___ day of ________, 20, before me, a Notary Public for and in the City/Municipality aforesaid, personally appeared [Principal’s Name], known to me and to me known to be the same person who executed the foregoing Special Power of Attorney and acknowledged that it is his/her free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place first above written.

Notary Public PTR No./IBP No./Roll No./Commission No. & expiry; Office Address

(Your notary will use their own standard acknowledgment and enter the ID details as “competent evidence of identity” where required.)

12) Frequently asked questions

Q: The U.S. bank says “we don’t accept foreign POAs.” What now? A: Ask if they have an internal POA your agent can sign in the U.S. If the agent is also abroad, some banks offer remote notarization options only for U.S. notaries. If securities are involved, the real obstacle may be the Medallion requirement.

Q: Does the SPA need to be recorded in the U.S.? A: If it will be used to sign a deed or mortgage, many states require the SPA to be recorded in the same county as the property (or) recorded first, so the recorder sees your agent’s authority of record.

Q: Can I use a scanned copy? A: For closings and banking, originals are often required. Always ask the recipient early; some will accept a scanned copy for preliminary review and the original for the actual act.

Q: How long is it valid? A: No automatic expiry under Philippine law unless specified, but U.S. recipients commonly prefer a “recent” SPA. Consider adding a sunset date (e.g., 18 months) if you want tighter control.

Q: Can my spouse sign for me using conjugal authority without an SPA? A: Generally no. Even between spouses, an SPA (or direct execution by both spouses) is the safer path for dispositions of property.

13) Quick planning roadmap

Identify the U.S. state and the institution (title company, bank, DMV, court).
Confirm any special formalities (witnesses, wording, recording, proprietary forms).
Draft a specific, English SPA with durability and corrective powers; add two witnesses.
Notarize in the Philippines; then obtain the apostille.
Ship the original apostilled SPA; let the U.S. recipient pre-clear the form.
Keep a revocation template ready; notify counterparties if you revoke.

14) Red flags to avoid

Using a jurat instead of an acknowledgment for an instrument to be recorded.
No property description for real estate powers.
Assuming an apostille overrides local witness/recording rules—it does not.
Relying on a foreign SPA for IRS representation—use Form 2848 as well.
Forgetting Medallion for securities transfers.
Altering or detaching the apostille from the SPA.

15) One-page summary you can hand to a U.S. recipient

The SPA is a Philippine public document, duly acknowledged before a Philippine notary and apostilled by the Philippine DFA under the Hague Apostille Convention.
The apostille authenticates the notary’s signature and seal.
The SPA grants specific powers listed within; it is durable and effective immediately unless stated otherwise.
If required by state law or the recorder, the SPA may be recorded; witnesses are included to satisfy any state witness rules.
For IRS, DMV, banks, and brokerages, we will also comply with agency-specific forms and identification requirements.

Final note: Because U.S. rules vary by state and institution, coordinate with the title company/bank/DMV before execution to confirm any additional language or witness/recording formalities. This saves costly re-execution and international shipping later.