Special Power of Attorney (SPA): Letting Someone Act for You

When the Law Says You Need an SPA

Article 1878 of the Civil Code of the Philippines (Republic Act No. 386) says "special powers of attorney are necessary" for a list of acts. Among them:

• to enter into any contract by which the ownership of an immovable (land or a building) is transferred or acquired, whether for free or for a price;
• to loan or borrow money, unless borrowing is urgent and indispensable to preserve things the agent (the person acting for you) is managing;
• to create or transfer (convey) real rights over immovable property, such as a mortgage;
• to lease real property for more than one year;
• to settle a dispute (compromise), or submit it to arbitration (a private decision-maker);
• to make gifts, other than customary ones (the usual small gifts);
• to accept or refuse (repudiate) an inheritance;
• to make payments that are not ordinary acts of administration (everyday management);
• any other act of strict dominion (an act only an owner should do).

Separately, Article 1874 says that when land or an interest in land is sold through an agent, "the authority of the latter shall be in writing; otherwise, the sale shall be void."

SPA or General Power of Attorney

A General Power of Attorney covers acts of administration, like collecting rent, paying bills or dealing with routine matters. An authority written in general terms covers only acts of administration (Civil Code Art. 1877).

A Special Power of Attorney names a specific act, such as selling a particular lot. If the transaction is on the Art. 1878 list, you need an SPA even if you have also signed a general one.

How to Word the Powers

• Identify the property. For land, give the land title number (TCT or OCT), the lot and its location. For a vehicle, give the plate, engine and chassis numbers.
• Name each act. To sell, to sign the Deed of Sale, to receive the price, to pay taxes, to process the transfer at the BIR and Registry of Deeds. Article 1879 says a special power to sell does not include the power to mortgage, and a special power to mortgage does not include the power to sell.
• Set limits. A minimum price, a deadline, or that the agent must deposit the money from the sale to your account.
• Name your agent fully, with their address and ID, so offices can check who they are.

Banks, the BIR, the Registry of Deeds and the LTO may have their own wording or forms. Ask the office before you sign. Our templates: Special Power of Attorney, SPA to sell property, SPA to manage property.

Notarizing an SPA in the Philippines

An SPA is notarized by acknowledgment, meaning you confirm before the notary that you signed it. You, the principal (the person giving the authority), must appear before the notary with a valid ID. Your agent does not need to be there. See the what notaries charge for a Special Power of Attorney.

If the SPA will be used abroad, the DFA can apostille it only after the Regional Trial Court issues a Certificate of Authority for a Notarial Act (CANA), signed by the Executive Judge or Vice-Executive Judge. See apostille.

Signing an SPA Abroad

If you live or work abroad and need someone to act for you in the Philippines, you have two routes:

• The country is a party to the Apostille Convention: sign before a local notary, then get an apostille from that country's competent authority (the office there that issues apostilles). Philippine embassies and consulates no longer certify (authenticate) documents from Apostille countries, according to the DFA.
• Consular notarization: appear in person at a Philippine embassy or consulate, which can still notarize documents (acknowledgments and jurats). Philippine posts in the United States list a fee of US$25 per document; other posts charge in local currency. Book an appointment and bring your passport and a copy of the SPA.

For non-Apostille countries, the consular route is the usual one. See consularization vs apostille.

Ending an SPA

You can generally cancel (revoke) an SPA, and it ends if you or your agent dies, subject to exceptions in the Civil Code. Put the revocation in writing, have it notarized, and send a copy to your agent and to every office or person who relied on the SPA. If a transaction is already under way or there is a dispute, talk to a lawyer. The Public Attorney's Office helps people who qualify.