This article is for general information and educational purposes and is not a substitute for legal advice on a specific case.

1) What an “Affidavit of Revocation” Is (and What It Is Not)

An Affidavit of Revocation is a sworn, notarized statement used to withdraw, cancel, or revoke a previously executed authority, declaration, or notice—most commonly in real estate practice, a Special Power of Attorney (SPA) or another affidavit-based instrument that affects dealings with property.

However, it is critical to understand its limits:

It can revoke authority (e.g., an SPA authorizing someone to sell, mortgage, lease, sign documents, receive payments, or represent an owner before the Registry of Deeds or other offices).
It can retract or supersede certain prior sworn statements (e.g., an affidavit you previously executed that you now want to withdraw or correct, subject to the rights of others).
It generally cannot unilaterally revoke a perfected contract or a completed conveyance (e.g., you cannot “revoke” a deed of sale already signed and delivered, a deed of donation already accepted, or a mortgage already constituted and registered, simply by executing an affidavit). Those require the proper legal remedy (rescission, annulment, cancellation, reformation, judicial relief, or a registrable release/quitclaim—depending on the situation).

In short: an affidavit of revocation is strongest as a tool to revoke authority and to manage public notice—not as a magic eraser for contracts.

2) The Philippine Legal Framework Behind Revocation in Real Estate Practice

Most uses of an Affidavit of Revocation in real estate are anchored on Agency law under the Civil Code:

Agency is when a person (the principal) authorizes another (the agent/attorney-in-fact) to act on the principal’s behalf.
A principal generally has the power to revoke the agency, because authority is typically delegated and revocable.

Key legal principles that drive practice:

A principal may revoke an agency (as a rule), but:
Revocation must be communicated to be effective in real-world dealings—especially to:
- the agent (so the agent stops acting), and
- third parties (so buyers, banks, brokers, tenants, and government offices do not rely on the old authority).
In some situations, an agency may be not freely revocable, particularly when it is “coupled with an interest” (discussed below).
Real estate introduces public reliance considerations: if third persons in good faith rely on an authority that appears valid, disputes often turn on notice and registration/annotation.

Also relevant is notarial law and practice (2004 Rules on Notarial Practice), because affidavits and SPAs must be properly notarized to be treated as public documents and to be registrable/acceptable by offices.

Finally, where land is titled, registration and annotation practices under the Property Registration Decree (P.D. 1529) and Registry of Deeds procedures matter because they affect enforceability against third persons and the practical ability to block unauthorized transfers.

3) The Most Common Real Estate Uses: Revoking a Special Power of Attorney (SPA)

A. When you should revoke an SPA

Use an Affidavit of Revocation when:

You previously issued an SPA to sell, mortgage, lease, or manage property, and you now want to withdraw that authority.
Your relationship with the attorney-in-fact has changed (fallout, distrust, non-performance, suspected fraud).
The purpose of the SPA has ended (the transaction is finished or abandoned, and you want to prevent future misuse).
You are replacing the attorney-in-fact with a new one and want a clear cutoff date.
You have reason to believe the SPA is being used beyond its scope, such as:
- selling at an undervalue,
- signing a deed with terms you never approved,
- receiving payments and not remitting,
- dealing with a different property than intended,
- using a “general” authority in a way that puts your title at risk.

B. Why an affidavit is used (instead of a simple letter)

In practice, a notarized affidavit is used because it:

creates a public document,
is easier to register/annotate or present to offices,
carries evidentiary weight and formalizes the timeline of revocation,
can be served on counterparties as a formal notice.

C. What revocation does—and does not—do

Revocation typically:

terminates authority prospectively (from notice/receipt onward),
helps prevent future signing of deeds, loan documents, leases, or receipts.

But it does not automatically:

undo acts validly done before revocation (especially if third parties dealt in good faith),
cancel an already signed and delivered deed (you may need a separate remedy),
“freeze” your title unless there is effective notice and/or a registry annotation and/or other protective steps (depending on circumstances).

4) Notice Is Everything: Effectivity Against the Agent and Third Persons

In real estate, timing and notice can determine whether a transfer or encumbrance can be attacked.

A. Notice to the agent

At minimum, the agent must be informed. Best practice is to:

serve the revocation via personal service with acknowledgment, or
send via registered mail/courier with proof of delivery, or
if urgent, send written notice by multiple channels (email + messenger + letter), but still preserve formal proof.

B. Notice to third parties

Because property transactions involve buyers, brokers, banks, tenants, notaries, and registries, you should also notify:

the notary public who usually notarizes documents for the agent (if known),
the broker/agent marketing the property,
the bank (if the SPA is used for loans or mortgage),
the developer/condominium corporation (if the property is a condo and they have transfer requirements),
and critically, the Registry of Deeds (for titled property) when annotation is feasible/appropriate.

The practical goal is to eliminate “I didn’t know it was revoked” defenses.

5) Registration/Annotation: When and Why It Matters

A. If the property is titled (TCT/CCT)

If the SPA is being used to sell or encumber registered land, the safest approach is to cause the revocation to be recorded/annotated in the Registry of Deeds (subject to RD requirements and what is registrable in your locality).

Why it matters: a buyer or bank often checks the title and the RD records. If the revocation is visible or reflected in the RD’s records/annotations, it is far harder for an unauthorized transaction to pass as “in good faith.”

Important nuance: Registries vary in what they will annotate on the title itself versus what they will merely file/record in their primary entry book or records. Even when not annotated as a memorandum on the title, recording can still be a powerful evidence and notice tool. Local RD practice and the exact document trail (e.g., whether the SPA itself was recorded/annotated) can affect outcomes.

B. If the land is untitled (tax declaration only) or rights-based

For untitled land, there is no TCT/CCT to annotate. Revocation is still useful, but protection relies more on:

actual notice to interested parties,
cautioning barangay officials, neighbors, potential buyers,
and controlling possession/documents (tax declarations, deeds, receipts).

6) Agencies That May Not Be Freely Revocable: “Coupled With an Interest”

A principal’s power to revoke is not absolute in every scenario. A classic exception is when the authority is “coupled with an interest”—meaning the agent has a recognized interest in the subject matter of the agency (not merely an interest in earning commission).

In real estate, this can arise when:

the agent has advanced funds secured by authority over the property,
the authority was given as part of a security arrangement,
there is a structure where revocation would defeat an interest the agent already holds.

These situations are fact-specific and commonly litigated. The practical takeaway:

If the SPA was issued as part of a financing/security deal, a “revocation affidavit” may not end the dispute; you may need a legal strategy that accounts for the underlying obligation and the agent’s claimed interest.

7) Other Real Estate Situations Where a Revocation Affidavit Is Used

A. Revoking an authority to receive payments or deliver title documents

Sometimes the SPA is not about selling but about:

collecting rentals,
receiving purchase price installments,
receiving checks, bank releases, or title documents.

If you revoke, notify the payor (tenant/buyer/bank) immediately and give them new payment instructions.

B. Revoking a broker’s or representative’s written authority (not necessarily an SPA)

Even if someone is not your attorney-in-fact, you may have issued an authorization letter or sworn statement. A revocation affidavit provides formal notice, especially where the representative is presenting documents as proof of authority.

C. Revoking or withdrawing a previously executed affidavit used in a transaction file

Examples encountered in practice include:

an affidavit you executed to support a transaction (e.g., a sworn statement regarding civil status, name discrepancies, possession, or loss of documents), and you later discover errors or misstatements;
a sworn undertaking or declaration submitted to a developer, bank, or government office.

A revocation affidavit can document your withdrawal, but it will not automatically erase reliance already made by others. You may need to issue a corrected affidavit, execute supplemental instruments, or address potential liability if the prior statement caused damage.

D. Revoking certain registry-related notices (context-dependent)

Some registry-related claims are affidavit-driven (for example, an “adverse claim” is initiated by a sworn statement/affidavit and annotated). Ending their effect is not always as simple as filing a revocation affidavit; some require:

expiration by law,
a registrable cancellation instrument,
or a court order.

Whether a revocation affidavit alone is sufficient depends on the specific notice/annotation and current registry practice.

8) What an Affidavit of Revocation Should Contain (Philippine Practice Pointers)

A well-drafted affidavit typically includes:

Caption/title: “Affidavit of Revocation”
Affiant’s identity: full name, citizenship, civil status, address
Description of the prior instrument:
- type (SPA / authority letter / affidavit),
- date and place executed,
- notarial details (notary’s name, notarial register info if available),
- document number/page/book/series (if stated in the prior document),
- scope of authority granted,
- property description (TCT/CCT number, location, technical description reference, or at least lot/unit details)
Clear revocation clause:
- “I hereby revoke, cancel, and render without force and effect…”
- specify whether total revocation or partial revocation (some powers only)
Effectivity:
- state that revocation is effective upon receipt by the agent and notice to third parties (and/or upon recording/annotation, if pursued)
Demand for return:
- require the agent to surrender the original SPA and related documents (if they hold them)
Non-ratification clause:
- “I will not recognize or ratify acts made after receipt of this revocation…”
Undertakings:
- to inform relevant offices/parties
Jurat and notarization:
- proper notarial acknowledgment/jurat in compliance with notarial rules, competent evidence of identity, etc.

Practical drafting tip: In real estate, specificity is protection. Ambiguity in what is revoked can be exploited.

9) Execution and Practical Steps After Signing

After executing the affidavit:

Make multiple original/CTC copies (depending on where it will be submitted).
Serve the agent with proof of receipt.
Notify key parties (broker, bank, developer, tenants, prospective buyers you know of).
Secure documents:
- recover the owner’s duplicate title (if applicable),
- retrieve tax declarations, SPA originals, IDs, receipts, and transaction folders.
Consider RD recording/annotation if the property is titled and the SPA has been or can be recorded.
Consider additional safeguards where risk is high:
- consult on title monitoring, adverse claim strategy (if appropriate), or injunctive relief if fraud is imminent,
- coordinate with the notary and warn against notarizing deeds signed by the former attorney-in-fact.

10) Limits and Common Misconceptions (High-Risk Errors)

Misconception 1: “I can revoke a deed of sale by affidavit.”

A deed of sale is a contract/conveyance. If already perfected and delivered, the remedy is not a simple revocation affidavit. You may need:

cancellation by mutual agreement (e.g., deed of rescission) if legally available and both sides agree,
or judicial relief (annulment, rescission, reformation, quieting of title), depending on the defect.

Misconception 2: “Revocation is effective even if nobody knows.”

Real estate is notice-driven. A revoked SPA can still cause damage if third persons rely on a copy and the revocation was not communicated/recorded.

Misconception 3: “Revocation automatically voids anything the agent signs after revocation.”

If a third party can prove good faith lack of notice, disputes get complicated. The strength of your position improves dramatically with documented notice and registry action where possible.

Misconception 4: “Any SPA can be revoked anytime.”

If the authority is tied to an interest or security arrangement, revocation may trigger liability or may not fully cut off the agent’s asserted rights.

11) Special Contexts: OFWs, Consular Notarization, and Cross-Border Use

Many Philippine property owners abroad grant SPAs for selling, leasing, or processing titles. If you are abroad and need to revoke:

You may execute the revocation through a Philippine Embassy/Consulate (consular notarization) or through local notarization with apostille where applicable, then use it in the Philippines.
Serve the attorney-in-fact in the Philippines with reliable proof.
Coordinate with the Registry of Deeds and the counterparties who relied on the SPA.

Because timing and authenticity are often disputed in cross-border situations, preserving the documentary trail is essential.

12) When an Affidavit of Revocation Is a Good Tool—A Quick Checklist

Use an Affidavit of Revocation when you need to:

stop an attorney-in-fact from continuing to act under an SPA involving your property;
replace an agent and establish a clean cutoff date;
notify buyers/banks/developers that an old authority is no longer valid;
retract or supersede a prior sworn statement used in a property transaction file (with awareness of reliance issues);
create a registrable/official record of withdrawal of authority where registration/annotation is feasible.

Be cautious about relying on it when you are actually trying to:

undo a sale, donation, mortgage, or lease already perfected/registered;
cancel an existing title or encumbrance without the proper registrable instrument or court process;
defeat a claim where the agent’s authority is arguably coupled with an interest.

13) Practical Takeaway

In Philippine real estate transactions, an Affidavit of Revocation is best understood as a risk-control and notice instrument: it cuts off delegated authority and helps prevent or contest unauthorized future dealings—especially when paired with timely notice and, where applicable, registry recording/annotation. Its power is strongest before a property is transferred or encumbered; once a registrable transaction has been completed, the dispute typically shifts to contract and property remedies beyond a simple affidavit.