A Special Power of Attorney (SPA) lets one person (the principal) authorize another (the agent/attorney-in-fact) to perform specific acts on the principal’s behalf. Because SPAs are often used for high-stakes transactions—selling land, handling bank accounts, settling claims—verifying that an SPA is valid and legally effective is essential. This article lays out everything you need to know in the Philippine context: the legal bases, form and content, notarization and apostille/consularization, special scenarios (overseas execution, corporate principals, spousal property), how SPAs terminate, and a practical due-diligence checklist with red-flag cues. A model SPA is included at the end.

1) Legal foundations and when an SPA is required

Agency basics. Under the Civil Code, agency exists when one person binds themself to render service or to do something in representation of another, with the latter’s consent. The principal must have capacity to act; the agent must accept the authority (expressly or impliedly).

“Special” authority. The Code distinguishes acts of administration (which a general authority can cover) from acts of strict dominion—for which a special power is required. In practice, you should require an SPA when the agent will:

Sell, mortgage, or otherwise encumber real property or other registrable property.
Make gifts or donations (other than customary or small/onerous ones).
Compromise, submit to arbitration, waive rights, or novate obligations.
Borrow or lend money, open/close bank accounts, or transact with financial institutions if beyond ordinary administration.
Create, transfer, or renounce real rights (easements/servitudes, usufruct, etc.).
Accept or repudiate an inheritance, or perform acts that the law or contract specifically reserves to the principal.

Caution: Many government agencies, banks, and registries have internal rules that always require an SPA, even for lesser acts. When in doubt, secure a specific SPA matching the institution’s requirements.

2) Essential validity requirements

To be legally effective, an SPA should satisfy all of the following:

Capacity & consent
- Principal is of legal age and has legal capacity; consent is free and informed.
- Agent is identifiable and consents to act (signature not strictly required by law to accept, but best practice is to have the agent sign “Conforme/Accepted”).
Form & writing
- Written instrument identifying the principal and agent with sufficient particularity (full names, nationalities, civil status, addresses, government ID details).
- Specific authority: clearly describe the exact acts authorized (e.g., “to sell my parcel of land described as… at a price not lower than…”), and any limitations (price floor/ceiling, deadlines, conditions).
Notarization (Philippines)
- An SPA must be notarized to be a public document, which (i) makes it admissible without further proof of authenticity, (ii) allows use before registries, banks, and agencies, and (iii) elevates it above a private writing.
- Acknowledgment (not jurat) is the usual notarial certificate for SPAs: the principal personally appears before the notary, proves identity via competent evidence (valid government ID), and acknowledges executing the instrument.
Special content cues
- Date and place of execution.
- Property description (technical description for real property, plate/engine/chassis for vehicles, account numbers for bank matters—omit sensitive digits when sharing copies).
- Scope boundaries (e.g., authority to sign and receive documents, accept/issue receipts, pay taxes/fees, appoint substitutes, etc.).
- Substitution: expressly allow or prohibit substitution/delegation by the agent.
- Effectivity or expiry (optional): you may fix a term or event of termination.
Signatures & witnessing
- Principal signs (or thumb-marks) the SPA; if the principal is unable to sign, use a thumbmark with two instrumental witnesses and the notary’s compliance note.
- If the SPA isn’t in a language the principal understands, provide a faithful translation and note it in the acknowledgment; better yet, execute a bilingual SPA.

3) Notarization standards (Philippine practice)

Personal appearance is mandatory; no one may “appear” for another in the notary’s presence.
Competent evidence of identity typically means original, current government IDs with photo and signature (passport, driver’s license, UMID, PhilID, etc.). Details (ID type/number/expiry) should appear in the notarial certificate or journal.
The notary’s commission must be valid on the date and in the place of notarization; the notarial seal and commission number/expiry should be legible.
Special cases:
- Illiterate/blind/signature-by-thumbmark: two disinterested witnesses sign; notary states compliance.
- Corporate principals: see Section 5 below.
- Remote notarization: only as permitted by current Supreme Court rules/circulars and local practice. Treat claims of remote/e-notarization cautiously and verify compliance.

4) SPAs executed outside the Philippines

If the principal is abroad, legality turns on two layers: (1) local form where signed, and (2) Philippine recognition of the notarization.

Sign and notarize abroad under the law of the place of execution (before a local notary or, in some cases, before a Philippine consular officer).
Legalization for Philippine use:
- If the country is a party to the Apostille Convention: have the competent authority issue an Apostille for the notarial certificate (or directly for the SPA, depending on that country’s procedure).
- If not an apostille country: secure consularization/authentication at the Philippine Embassy/Consulate with jurisdiction.
Translation: If the SPA or notarial certificate is not in English or Filipino, obtain a sworn translation; attach both original and translation.
Presentation of originals: Philippine registries/banks often require original apostilled/consularized SPAs. Keep the chain of documents intact (SPA → notarial cert → apostille/consular authentication).

5) Special scenarios

A) Real property (Register of Deeds, developers, housing loans)

SPA should quote the technical description or at least the exact title number/lot-block; attach a photocopy of the title tax declaration if available.
State price parameters and authority to sign the Deed of Absolute Sale, pay/receive proceeds, secure clearances (taxes, CGT/withholding, DST, transfer taxes), and claim the owner’s duplicate title.
Expect the Register of Deeds or mortgagee bank to require original notarized SPA (apostilled/consularized if executed abroad) and valid IDs.

B) Motor vehicles (LTO, banks)

Identify the vehicle by plate, MV file, engine and chassis numbers.
Include authority to sign Deed of Sale, Release of Chattel Mortgage, LTO transfer, and to receive the OR/CR.

C) Banking and finance

Banks may require their own SPA forms. Include authority to open/close accounts, sign withdrawal slips, accept/endorse checks, receive statements, and access safety deposit boxes (which often have additional, stricter forms).

D) Corporate principals

The corporation acts through board authority. Attach a Board Resolution and Secretary’s Certificate authorizing a specific officer to execute the SPA on behalf of the corporation, and identify the ultimate agent.
Match names, positions, and specimen signatures across documents.

E) Married principals and property regimes

Disposition or encumbrance of conjugal/community property generally requires spousal consent.
If only one spouse signs the SPA, include an express clause that the other spouse consents (or attach the spouse’s separate SPA or written consent, duly notarized).

F) Government claims, litigation, settlements

For compromise/waiver/settlement, the SPA must clearly authorize compromise/waiver and identify the case, docket numbers, subject matter, and extent of authority (e.g., minimum settlement terms).

6) Proving and checking legality: a practical due-diligence checklist

Use this as an acceptance checklist when an SPA is presented to you:

Identity & capacity
- Names, dates of birth, civil status, addresses match IDs.
- Principal is of age and competent; if represented (e.g., guardianship), supporting court order exists.
Specific authority
- The exact act is clearly authorized; any limits (price/terms/time) are stated.
- For real property/vehicles: correct descriptions and numbers.
Form & execution
- Signed by the principal; for thumbmarks, two witnesses named and signed.
- Date/place of execution are specified and plausible.
Notarization
- Acknowledgment certificate properly filled (name matches the SPA, date, venue).
- Notary’s name, commission no., series/year, office city/province, seal are present and legible.
- If notarized abroad: Apostille (or Philippine consular authentication) attached; translation if needed.
Supporting papers (as applicable)
- Board Resolution & Secretary’s Certificate (corporate).
- Spousal consent or separate SPA.
- Title/vehicle/account references; tax or bank forms.
- Agent’s acceptance/signature (“Conforme”).
Originals & copies
- Obtain and sight original SPA (with apostille/consularization if foreign).
- Retain certified copies as your file requires.
Freshness & consistency
- No obvious alterations or erasures; any corrections initialed by the principal and the notary.
- Names, ID numbers, and property descriptions are consistent across all attached documents.

7) Red flags & fraud prevention

No personal appearance (e.g., “signed in Manila, notarized in Cebu same day” without travel)—check plausibility.
Mismatched details (name variants, ID numbers inconsistent with the person).
Expired or unknown notary commission, missing seal, or venue outside the notary’s commission area.
Photocopy-only Apostille/consular page when the recipient requires an original.
Overbroad or blank-check authority (“to do anything with all my properties anywhere”). Narrow it or request a new SPA.
Pressure to accept scans only in transactions that require originals (registries, banks).
Unsigned agent acceptance where institutional policy expects it.

If any red flag appears, ask for re-execution or additional proof, or independently verify the notary’s commission with the local Clerk of Court/Executive Judge’s Office where the notarization took place.

8) Effectivity, revocation, and termination

An SPA has no automatic expiry unless it states one.
It ends by law upon: performance of the authorized act; revocation by the principal; resignation by the agent; death, civil interdiction, insanity, or insolvency of the principal or agent; or change of status that legally extinguishes the agency.
Revocation best practice:
1. Execute a Notarized Revocation of SPA identifying the SPA by date and parties;
2. Serve written notice to the agent and to third parties who might rely on it (banks, buyers, registries);
3. Where the SPA was used for registrable property, present the revocation to the Register of Deeds (or bank/agency) so it is noted in the transaction file;
4. Retrieve unused original SPAs if possible.
If the principal dies, agency generally ends; those dealing with the agent in good faith after death but without notice may raise equitable defenses, but recipients should still require fresh proof of continuing authority.

9) Taxes & fees (high-level)

Documentary Stamp Tax (DST) may apply to powers of attorney; rates and exemptions change over time.
Transactional taxes (e.g., capital gains/creditable withholding, DST, transfer taxes, registration fees) relate to the underlying transaction, not the SPA itself. Always check current revenue regulations or the receiving institution’s posted schedule.

10) Record-keeping, privacy, and data protection

Keep originals in secure custody; avoid circulating images of full IDs—redact sensitive numbers where possible.
For electronic sharing, use tamper-evident PDFs and indicate “Certified True Copy” with the custodian’s signature when appropriate.

11) Frequently asked practical questions

Q: Can I email a scanned SPA? A: For preview, yes. For effecting transactions (registries, banks), expect to present the original notarized (and apostilled/consularized if foreign) SPA.

Q: Does the agent have to sign the SPA? A: The agent’s acceptance can be implied, but it’s safer to add a “Conforme/Accepted” signature line.

Q: Can one SPA cover multiple acts? A: Yes, but clarity matters. Group acts by subject and state firm limits to avoid rejection for being vague.

Q: What if the principal is bedridden or cannot sign? A: Use a thumbmark with two instrumental witnesses, ensure the notary personally verifies identity and voluntariness, and reflect this in the acknowledgment.

Q: Is a general power of attorney enough to sell land? A: No. Disposition/encumbrance of real property requires a special and specific authority.

12) Model Special Power of Attorney (sample)

SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, [Full Name of Principal], of legal age, [citizenship], [civil status], with residence at [Address] and government ID [Type/No./Expiry], do hereby name, constitute, and appoint [Full Name of Agent], of legal age, [citizenship], [civil status], residing at [Address], with government ID [Type/No./Expiry], as my true and lawful Attorney-in-Fact, to do and perform the following acts for and in my name, place, and stead:

[Primary Authority]: e.g., To sell my property situated at [Address], covered by TCT/CTC No. [____], described as [lot/block/area or technical description], for a price not lower than PHP [amount], and to sign any and all documents necessary to effect the sale;

Ancillary Acts: To sign deeds, applications, tax returns, clearances; pay fees and taxes; receive and issue receipts; obtain certified copies; and take all steps necessary to consummate the foregoing transaction;

Banking/Payments (if needed): To open/maintain a transaction account solely for receiving sale proceeds and to withdraw/transfer the same to my account [details];

Substitution: [Allow/Disallow] the appointment of a substitute or co-agent.

This authority is effective upon signing and shall [expire on ___/ remain in force until revoked in writing].

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ____, 20, in [City/Country].

[Signature over Printed Name of Principal]

WITH MY CONFORME/ACCEPTANCE: [Signature over Printed Name of Agent]

SIGNED IN THE PRESENCE OF: [Witness 1 Name & Signature] • [Witness 2 Name & Signature]

ACKNOWLEDGMENT Republic of the Philippines ) ________________________) S.S.

Before me, a Notary Public for and in [City/Province], this __ day of ____, 20, personally appeared [Principal], known to me through competent evidence of identity, who acknowledged to me that the foregoing instrument is his/her free and voluntary act and deed.

I certify that I have examined the principal and that he/she voluntarily executed and understood the instrument.

Notary Public Doc. No. ___; Page No. ___; Book No. _; Series of 20.

(For overseas execution, replace the acknowledgment with the foreign notary’s form and attach the Apostille/consular authentication.)

13) One-page acceptance protocol (use this in practice)

Sight the original SPA (with apostille/consularization if foreign) and IDs.
Match names & particulars across SPA, IDs, and property/account documents.
Confirm notarial details (venue, date, commission, seal, acknowledgment).
Verify specific authority matches the transaction and institutional rules.
Check supporting documents (board resolution/secretary’s cert; spousal consent).
Scan for red flags and cure them before proceeding.
Retain certified copies; record your verification steps in your file notes.

Bottom line

A legally effective SPA in the Philippines is specific, properly notarized, and supported by the right attachments. For foreign-signed SPAs, apostille or consularization (plus translation when needed) is the key to Philippine recognition. If the transaction is material or unusual, tighten the wording, limit discretion, and document your verification trail.