What is the difference between a General and a Special Power of Attorney in the Philippines?

A General Power of Attorney (GPA) under Article 1877 of the Civil Code of the Philippines authorizes the agent to perform all acts of administration on behalf of the principal — managing rentals, paying utilities, signing routine documents, day-to-day handling of property and affairs. A Special Power of Attorney (SPA) is required by Article 1878 for fifteen specific acts of strict dominion — including selling or mortgaging real estate, making gifts, accepting or repudiating an inheritance, entering compromises, leases over one year, and any act with major financial consequence. A GPA does NOT cover SPA acts, no matter how broadly drafted. If your Filipino agent will sell, mortgage, or otherwise dispose of significant property, you need an SPA naming the specific act.

Does a Power of Attorney need to be notarized in the Philippines?

Validity does not strictly require notarization between the principal and agent (Article 1869 — agency may be oral or written). However, in practice, every Philippine government agency, court, bank, Registry of Deeds, the Land Registration Authority (LRA), the BIR, SSS, GSIS, Pag-IBIG, PhilHealth, and the LTO will require a notarized SPA before processing any transaction. Notarization under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) makes the SPA a public document, presumed authentic and admissible without further proof of execution. For real estate transactions, Article 1874 requires written authority — and notarization is the de facto standard. Always notarize.

Can a Filipino abroad sign an SPA for use in the Philippines?

Yes, and millions of overseas Filipino workers (OFWs) do so every year. Two routes are recognized in the Philippines: (1) Consularization — sign the SPA at the Philippine Embassy or Consulate in the country of residence, where the consul acts as notarial officer; or (2) Local notarization plus apostille — sign before a local notary in the country of execution, then obtain an apostille from the foreign apostille authority. Both routes produce a Philippine-recognized SPA. Since the Philippines acceded to the Hague Apostille Convention on 14 May 2019, apostille has largely replaced the older "red-ribbon" authentication. The choice between consularization and apostille usually comes down to convenience and waiting time at the Philippine Consulate.

How long does a Philippine Power of Attorney last?

A Power of Attorney lasts for the period stated in the document — until a specific date, until completion of a specific transaction, or indefinitely until revoked. If no period is stated, it remains in force until extinguished under Article 1919: revocation by the principal, withdrawal by the agent, death of either party, civil interdiction, insanity, or insolvency, dissolution of the corporate principal/agent, accomplishment of the object, or expiration of the constituted period. For practical certainty when dealing with Philippine banks, government agencies, or the Registry of Deeds, many institutions request that the SPA be no older than six months to one year — a freshly notarized SPA avoids questions about possible intervening revocation.

Can the agent transfer his powers to someone else (substitution)?

Under Article 1892 of the Civil Code of the Philippines, the agent may appoint a substitute (sub-agent) if the principal has not prohibited it. However, the agent remains responsible for the acts of the substitute (a) when the agent was not given the power to appoint one, or (b) when the agent was given such power but no designated person was specified. If substitution is expressly prohibited in the SPA, any acts done by a sub-agent are void as to the principal. If expressly authorized with a designated person, the substitute's acts bind the principal and the original agent is freed from responsibility. To prevent unauthorized delegation of powers — particularly for SPAs covering high-value real estate or financial transactions in the Philippines — include an express prohibition on substitution.

How do I revoke a Power of Attorney in the Philippines?

Revocation may be express or implied. Express revocation: execute a written, notarized "Revocation of Special Power of Attorney" stating the names of principal and agent, the date and notarial details of the original SPA, and the act of revocation; serve a copy on the agent (registered mail with return card) and on third parties known to be relying on the SPA — banks, the Registry of Deeds, business counterparties. Implied revocation under Article 1923 occurs when the principal directly contracts with persons designated in the agency, when a new agent is appointed for the same business, or by sale of the property subject of the agency. Always retrieve the original SPA from the agent. Acts performed by the agent in good faith and without notice of revocation are valid as to third parties acting in good faith (Article 1922).

Is an apostille on my Power of Attorney enough to use it in the Philippines?

For an SPA executed abroad to be used in the Philippines, an apostille from the foreign apostille authority is sufficient under the Hague Apostille Convention, which entered into force for the Philippines on 14 May 2019. The Philippine Department of Foreign Affairs (DFA), the Land Registration Authority (LRA), the Bureau of Internal Revenue (BIR), the Securities and Exchange Commission (SEC), and major Philippine banks accept apostilled documents without further authentication. The apostille certifies the authenticity of the notary's signature and seal; it does NOT verify the substantive content. Make sure the SPA itself is properly drafted under Philippine law (specific acts authorized, complete identification of principal and agent, sufficient detail for the transaction). For SPAs executed in non-Apostille-Convention countries, the older consularization route via the Philippine Embassy or Consulate remains in force.

Does the agent need to be a Filipino citizen?

No. Philippine law does not require the agent (attorney-in-fact) to be a Filipino citizen — Articles 1868-1932 of the Civil Code on agency contain no nationality requirement, and any natural person of legal age and sound mind may serve as agent under Article 1875. However, certain transactions in the Philippines have nationality restrictions on the underlying right being exercised: foreign nationals cannot acquire private land in the Philippines under Article XII of the 1987 Constitution (subject to limited exceptions for natural-born Filipinos who have lost citizenship under Republic Act 8179, hereditary succession, and condominium units up to 40% foreign ownership), so a foreign agent can act for a Filipino principal in real estate matters but cannot acquire title in his own right. For corporate agents, partial foreign ownership restrictions in nationalized industries (Negative List under Republic Act No. 11647 amending the Foreign Investments Act) apply. Consult a Philippine lawyer for cross-border or nationality-sensitive arrangements.

Legal & AuthorityPH

Free Power of Attorney Template — Philippines

Authorize a trusted Filipino representative to act on your behalf with a General Power of Attorney (GPA) or a Special Power of Attorney (SPA) compliant with Articles 1868 to 1932 of the Civil Code of the Philippines (Republic Act No. 386). Article 1878 enumerates the fifteen specific acts — including donation, real estate sale, mortgage, accepting or repudiating inheritance, and entering compromise — that require an SPA. Sign before a Notary Public commissioned in the Philippines, attach an apostille if the document will be used abroad, and download a professional PDF in minutes.

Create Your Power of Attorney

Free to useInstant PDFNo account required

PDF (free) + editable Word (.docx) with Expert

SPECIAL POWER OF ATTORNEY

Pursuant To Civil Code Of The Philippines (RA 386) Articles 1868 And 1878

REPUBLIC OF THE PHILIPPINES
Metro Manila) S.S.
CITY/MUNICIPALITY OF Quezon City)

PRINCIPAL

FULL NAME	Maria Cristina Reyes
AGE	45 years old
CIVIL STATUS	Married
RESIDENTIAL ADDRESS	Block 25 Lot 14, Acropolis Subdivision, Quezon City 1110
GOVERNMENT ID	philsys No. 0000-1234-5678-9012

ATTORNEY-IN-FACT (AGENT)

FULL NAME	Roberto Manuel Santos
RESIDENTIAL ADDRESS	Unit 1205 The Trion Tower, McKinley Hill, Taguig 1634
GOVERNMENT ID	drivers No. N12-34-567890
RELATIONSHIP	Brother

Effective: April 25, 2026

Special Power of Attorney (Art. 1878 NCC)

KNOW ALL MEN BY THESE PRESENTS:

I, Maria Cristina Reyes, of legal age, married, Filipino, with residence and postal address at Block 25 Lot 14, Acropolis Subdivision, Quezon City 1110, do hereby NOMINATE, CONSTITUTE, AND APPOINT Roberto Manuel Santos, of legal age, Filipino, with residence and postal address at Unit 1205 The Trion Tower, McKinley Hill, Taguig 1634, as my true and lawful ATTORNEY-IN-FACT, to act for me and in my name, place, and stead, with effect from April 25, 2026 and continuing until December 31, 2026 or earlier revocation, in the matters set forth below.

SPECIFIC PURPOSE

To sell, transfer, and convey absolutely the real property covered by Transfer Certificate of Title (TCT) No. 12345 of the Registry of Deeds of Taguig City, situated at Lot 5, Block 8, McKinley Hill, BGC, Taguig, with an area of 250 square meters more or less, to any buyer at a price not less than PHP 30,000,000.00 (Thirty Million Pesos), and to execute, sign, and deliver the Deed of Absolute Sale, BIR forms, and all related documents in connection therewith.

Subject Property/Asset: TCT No. 12345 covering Lot 5, Block 8, McKinley Hill, BGC, Taguig, containing an area of 250 sqm; Tax Declaration No. ARP-2025-001234, assessed value PHP 7,500,000; current market value PHP 30,000,000.

POWERS GRANTED

The Attorney-in-Fact is hereby specifically authorized and empowered to perform the following acts in the name and on behalf of the Principal:

to sell, lease, mortgage, encumber, donate, partition, or otherwise dispose of any real property of the Principal, in accordance with Civil Code Article 1878 (5), (6), and (12) requiring a Special Power for these acts
to transact with any government agency, instrumentality, or office, including but not limited to the Bureau of Internal Revenue (BIR), Social Security System (SSS), PhilHealth, Pag-IBIG/HDMF, Land Transportation Office (LTO), Philippine Statistics Authority (PSA), Department of Foreign Affairs (DFA), Bureau of Immigration (BI), Land Registration Authority (LRA) and Registries of Deeds
to represent the Principal in any administrative, civil, or criminal proceeding; sign all documents, pleadings, affidavits, releases, and quitclaims on behalf of the Principal; and engage counsel as may be necessary

Additional Powers: The Attorney-in-Fact is further authorized to receive on my behalf the proceeds of the sale, deposit the same to my BPI Savings Account No. 1234-5678-90, pay all applicable taxes (Capital Gains Tax 6%, Documentary Stamp Tax 1.5%, Transfer Tax, Registration Fees), and obtain the new TCT in the name of the buyer.

GENERAL AUTHORITY

In addition to the specific powers above, the Attorney-in-Fact is further authorized: (a) to execute, sign, deliver, and acknowledge any and all documents, instruments, contracts, deeds, releases, and writings necessary or proper to carry out the powers granted herein; (b) to receive and give receipts and acquittances for any sums of money received in connection with the foregoing; (c) to appoint and substitute one or more persons to perform the acts authorized hereunder, with the same authority granted to the Attorney-in-Fact (Civil Code Art. 1892); and (d) to do all such other acts and things as may be necessary or convenient to the full and effectual exercise of the powers herein granted.

RATIFICATION

The Principal hereby RATIFIES, CONFIRMS, AND APPROVES all acts and things lawfully done or caused to be done by the Attorney-in-Fact pursuant to and within the scope of the authority granted herein, with full force and effect as if such acts had been performed by the Principal personally. The Principal further binds himself/herself to be bound by all such acts of the Attorney-in-Fact, in accordance with Civil Code Article 1910.

REVOCATION

This Power of Attorney may be REVOKED by the Principal at any time by written notice delivered to the Attorney-in-Fact and to any third party who has relied on this Power of Attorney, in accordance with Civil Code Article 1920. Revocation shall take effect upon receipt of such notice. Any acts done by the Attorney-in-Fact in good faith before receipt of notice of revocation shall remain valid and binding upon the Principal (Art. 1922 NCC).

THIRD-PARTY RELIANCE

The Principal hereby authorizes any person, bank, government office, or third party to accept and rely upon this Power of Attorney without requiring further proof of authority, and to deal with the Attorney-in-Fact as if dealing with the Principal personally. Any third party acting in good faith based on this Power of Attorney shall be protected and shall not be required to inquire into the circumstances of its execution or revocation, in accordance with Civil Code Article 1922.

TERMINATION

This Power of Attorney shall automatically terminate upon: (a) the death of the Principal or the Attorney-in-Fact; (b) the civil interdiction or insanity of the Principal or the Attorney-in-Fact; (c) the dissolution of the Principal if a juridical person; (d) the accomplishment of the specific purpose for which it was granted; (e) revocation as provided herein; or (f) the expiration of the period above stated, in accordance with Civil Code Article 1919.

GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the Republic of the Philippines, particularly Articles 1868 to 1932 of the Civil Code. Any dispute arising from this instrument shall be subject to the exclusive jurisdiction of the proper courts of Quezon City, Metro Manila.

IN WITNESS WHEREOF, I have hereunto affixed my signature this April 25, 2026, in Quezon City, Metro Manila, Republic of the Philippines.

PRINCIPAL

Maria Cristina Reyes

philsys: 0000-1234-5678-9012

Date: ____________________

ACCEPTANCE BY ATTORNEY-IN-FACT

I, Roberto Manuel Santos, hereby ACCEPT the appointment as Attorney-in-Fact and undertake to act in good faith and within the scope of the powers granted to me by the Principal, in accordance with Civil Code Article 1884.

ATTORNEY-IN-FACT

Roberto Manuel Santos

drivers: N12-34-567890

Date: ____________________

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in Quezon City, Metro Manila, on this April 25, 2026, personally appeared Maria Cristina Reyes with philsys No. 0000-1234-5678-9012, and Roberto Manuel Santos with drivers No. N12-34-567890, both known to me to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their free and voluntary act and deed. The signatories exhibited to me their competent evidence of identity in accordance with Rule II Sec. 12 of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).

Atty. Lourdes Mendoza
Notarial Commission No. 23-NCR-2025; valid until December 31, 2026; Roll of Attorneys No. 65432; IBP Lifetime Member No. 12345; PTR No. 9876543, January 3, 2026, Quezon City; MCLE Compliance No. VII-1234567, valid until April 14, 2028

Doc. No. 123;
Page No. 25;
Book No. IV;
Series of 2026.

Important Legal Notes:
1. This Power of Attorney is governed by Civil Code of the Philippines Articles 1868–1932.
2. Special Power of Attorney is required under Article 1878 for the following 15 acts: (1) make payments not usually administrative; (2) effect novations; (3) compromise/submit questions to arbitration; (4) waive obligations gratuitously; (5) enter into a contract by which ownership of an immovable is transmitted/acquired gratuitously; (6) make gifts (except customary ones); (7) loan or borrow money (unless administrative); (8) lease real property to another for more than one year; (9) bind principal to render service gratuitously; (10) bind principal in partnership; (11) obligate principal as guarantor/surety; (12) create or convey real rights over immovable property; (13) accept/repudiate inheritance; (14) ratify obligations contracted before the agency; (15) any act of strict dominion.
3. SPAs for real estate must be in a public instrument (notarized) under Civil Code Art. 1358; SPAs executed abroad must be authenticated by the Philippine Consulate (or apostilled under the 1961 Hague Apostille Convention) to be valid in the Philippines.
4. The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) require personal appearance of the Principal before the notary.

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What is a Power of Attorney under Philippine law?

A Power of Attorney is a written instrument by which one person, called the principal, authorizes another, called the attorney-in-fact or agent, to perform acts of administration or disposition on the principal's behalf and in the principal's name. Under Philippine law, the contract of agency is governed by Articles 1868 to 1932 of the Civil Code of the Philippines (Republic Act No. 386). Article 1868 defines agency as a contract whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. The Power of Attorney is the document that evidences this authority — used throughout the Philippines for real estate transactions, banking, claiming benefits from government agencies (SSS, GSIS, Pag-IBIG, PhilHealth), business representation, and matters affecting overseas Filipino workers (OFWs).

Philippine law distinguishes the General Power of Attorney (GPA) from the Special Power of Attorney (SPA). A GPA under Article 1877 covers all acts of administration — collecting rentals, paying utilities, managing day-to-day matters of the principal's estate — but does not extend to acts of strict dominion or disposition. An SPA is required, by express provision of Article 1878, for fifteen specific acts: (1) to make payments not usually considered acts of administration; (2) to effect novations that put an end to obligations existing at the time the agency was constituted; (3) to compromise, submit to arbitration, renounce the right to appeal, waive objections to the venue, or abandon a prescription already acquired; (4) to waive any obligation gratuitously; (5) to enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration; (6) to make gifts; (7) to loan or borrow money; (8) to lease real property to another for more than one year; (9) to bind the principal to render some service without compensation; (10) to bind the principal in a contract of partnership; (11) to obligate the principal as a guarantor or surety; (12) to create or convey real rights over immovable property; (13) to accept or repudiate an inheritance; (14) to ratify or recognize obligations contracted before the agency; (15) any other act of strict dominion.

In the Philippines, the formalities for granting a Power of Attorney depend on the act authorized. Article 1869 provides that agency may be express or implied, oral or written. However, Article 1874 requires that "when a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void." The Statute of Frauds in Article 1403(2) reinforces written form for agreements involving real estate. For evidentiary weight and for use before Philippine government agencies, banks, the Land Registration Authority (LRA), the Registry of Deeds, the Bureau of Internal Revenue (BIR), the Securities and Exchange Commission (SEC), and Philippine courts, the SPA must be acknowledged before a Notary Public commissioned under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). For use outside the Philippines, an apostille from the Department of Foreign Affairs (DFA) is required since the Philippines acceded to the Apostille Convention on 14 May 2019.

What this Philippine SPA / GPA template covers

The Doxuno Power of Attorney generator produces a complete document compliant with Articles 1868-1932 of the Civil Code of the Philippines, ready for execution before a Notary Public.

Identification of principal

Full name, age, civil status, citizenship, TIN, and Philippine residence

Identification of agent (attorney-in-fact)

Full name and address of the trusted representative in the Philippines

GPA vs SPA selection

General Power of Attorney for administration or Special Power of Attorney for the 15 acts under Art. 1878

Real estate sale / mortgage authority

Specific authority required by Civil Code Articles 1874 and 1878 (par. 5)

Banking and financial transactions

Open / close accounts, withdraw funds, sign checks at any Philippine bank

Government agency representation

BIR, SSS, GSIS, Pag-IBIG, PhilHealth, LTO, DFA, Bureau of Immigration

Litigation authority

Compromise, submit to arbitration, waive appeal under Article 1878 (par. 3)

Inheritance acceptance / repudiation

Acts requiring SPA under Article 1878 (par. 13)

Substitution clause

Whether the agent may delegate to a sub-agent (Article 1892)

Term and revocation

Validity period and right of the principal to revoke at any time

Notarial acknowledgment

Compliance with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)

Apostille for foreign use

DFA apostille under the Apostille Convention (Philippines acceded 14 May 2019)

How to create your Philippine Power of Attorney

No legal background required. The Doxuno generator walks you through every section needed for a Philippine SPA or GPA and produces a professional PDF ready for notarization.

1
Choose between GPA and SPA
Select a General Power of Attorney (GPA) under Article 1877 if your Filipino agent will only manage day-to-day administration of your estate or property — collecting rent, paying bills, managing utilities, signing routine documents. Select a Special Power of Attorney (SPA) when the acts authorized fall under any of the fifteen categories enumerated in Article 1878 — real estate transactions, mortgages, loans, gifts, compromises, accepting or repudiating inheritance, leases over one year, guarantees, and other acts of strict dominion. A GPA cannot be used for SPA acts; doing so risks invalidity of the transaction.
2
Identify the principal and the attorney-in-fact
Provide the full legal name, age, civil status, citizenship, Tax Identification Number (TIN), and current Philippine residence address of the principal. Identify the attorney-in-fact (agent) by full name and address — typically a trusted family member, lawyer, accountant, or business associate residing in the Philippines. Article 1875 implies acceptance by the agent unless he objects within a reasonable time. For overseas Filipino workers (OFWs) executing an SPA abroad to authorize a relative in the Philippines, identification details on both sides should be complete and verifiable.
3
Define the powers granted with precision
For an SPA, list the specific acts authorized — for example: "to sell the property covered by Transfer Certificate of Title No. ___ of the Registry of Deeds of ___, Philippines, at a price not less than PHP ___, and to receive the purchase price." Vague or generic SPAs ("to do all acts necessary") are commonly rejected by the Philippine Registry of Deeds, banks, and government agencies. Article 1881 requires the agent to act within the scope of his authority; acts beyond the SPA bind the agent personally and not the principal (Article 1898). For real estate sale, Article 1874 specifically requires written authority — failure renders the sale void.
4
Set duration, substitution, and revocation
Specify the duration of the Power of Attorney — until a specific date, until completion of a specific transaction, or until revoked by the principal. State whether the agent may appoint a sub-agent (substitute) under Article 1892: if not authorized, the agent may still substitute but is responsible for the acts of the substitute; if expressly prohibited, substitution is void. Include a revocation clause: under Article 1919, agency is extinguished by (1) revocation; (2) withdrawal of the agent; (3) death, civil interdiction, insanity, or insolvency of the principal or the agent; (4) dissolution of the firm or corporation that entrusted or accepted the agency; (5) accomplishment of the object or purpose of the agency; (6) expiration of the period for which the agency was constituted.
5
Notarize and apostille if needed
Sign the SPA / GPA before a Notary Public commissioned in the Philippines under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) — appear personally with valid government-issued ID, sign in the notary's presence, and have the notary affix the notarial seal and journal entry. Notarization makes the document a public document with strong evidentiary weight. For use abroad, secure an apostille from the Department of Foreign Affairs (DFA) of the Philippines under the Apostille Convention (Hague Convention on Abolishing the Requirement of Legalisation, in force in the Philippines since 14 May 2019) — the DFA office at Aseana, Pasay City handles apostille applications. For SPAs executed by OFWs abroad to be used in the Philippines, the Philippine Consulate or Embassy in the country of execution acts as notarial officer (consularization), or local notarization plus apostille from the foreign authority works equivalently.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

Always current

Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

Free PDF

Print-ready PDF

Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

Word · .docx

Editable Word (.docx)

Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

Requires Expert one-time unlock or any paid Doxuno subscription.

Documents you can rely on

Every template is written natively for its country, grounded in the specific statutes that govern it, and kept current as the law changes — never a generic form pushed through translation.

Legal considerations for Philippine Powers of Attorney

A Philippine SPA or GPA is a powerful instrument that can transfer real estate, bind the principal to large obligations, or compromise litigation. Review the points below before signing — particularly when the agent is given broad authority or when the document will be used abroad.

This template is provided for informational purposes only and does not constitute legal advice. For SPAs covering high-value real estate transactions, complex inheritance matters, or transactions involving overseas Filipino workers, please consult a Philippine lawyer admitted to the Integrated Bar of the Philippines (IBP).

Reviewed by legal professionals. The clauses and statutory references in this Philippine Power of Attorney template have been reviewed against Articles 1868-1932 of the Civil Code, the 2004 Rules on Notarial Practice, and the Apostille Convention as implemented in the Philippines.

Article 1878 — the fifteen acts requiring an SPA

Article 1878 of the Civil Code of the Philippines is the most important provision governing Powers of Attorney and lists the fifteen acts for which a Special Power of Attorney is mandatory. The list is reproduced in essence: (1) payments not usually considered acts of administration; (2) novations that extinguish prior obligations; (3) compromises, submissions to arbitration, waiver of appeal, waiver of venue objections, abandonment of acquired prescription; (4) gratuitous waiver of obligations; (5) contracts transmitting or acquiring ownership of immovable property; (6) gifts (donations); (7) loans (borrowing or lending money); (8) leases of real property exceeding one year; (9) gratuitous services binding the principal; (10) partnerships; (11) guaranties or suretyships; (12) creation or conveyance of real rights over immovable property; (13) acceptance or repudiation of inheritance; (14) ratification of pre-agency obligations; (15) any other act of strict dominion. A GPA, even one drafted in the broadest possible terms, does NOT confer authority for any of these fifteen acts — for them, an express SPA naming the act is required. Failure to obtain an SPA renders the act void or unenforceable against the principal (Articles 1898 and 1403).

Real estate transactions and Article 1874

Real estate transactions in the Philippines deserve special attention because of the strict written-authority requirement of Article 1874: "When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void." This requirement applies whether the property is titled, untitled, registered under the Torrens system administered by the Land Registration Authority (LRA), or covered by tax declarations only. The Registry of Deeds will not register a sale, mortgage, or other conveyance without the corresponding notarized SPA. For mortgages, Article 2085 requires the mortgagor to be the absolute owner or to have free disposal — meaning a duly authorized agent. The Bureau of Internal Revenue (BIR) requires the SPA for capital gains tax (CGT) and documentary stamp tax (DST) processing. Always include in the SPA: the specific property by its TCT/CCT number, lot number, area, the price (or minimum acceptable price), and the names of permissible buyers if relevant.

Notarization, apostille, and consularization for OFWs

A Philippine Power of Attorney is valid between principal and agent without notarization, but for use before government agencies, courts, banks, the Registry of Deeds, the LRA, BIR, SSS, GSIS, Pag-IBIG, PhilHealth, the LTO, the SEC, and Philippine corporations, notarization is mandatory in practice. Notarization must comply with the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC): the principal must appear personally before the Notary Public, present competent evidence of identity (government-issued ID with photo and signature), sign in the notary's presence, and the notary records the act in the notarial register. For documents to be used abroad, the Philippines acceded to the Hague Apostille Convention on 14 May 2019 — apostilles are issued by the Department of Foreign Affairs (DFA), replacing the cumbersome embassy authentication. For overseas Filipino workers (OFWs) executing an SPA abroad to be used in the Philippines, two routes are available: (1) consularization at the Philippine Embassy or Consulate (the consul acts as notarial officer); or (2) notarization by a local notary in the country of execution plus apostille from the foreign apostille authority — both produce a Philippine-recognized document.

Revocation, expiration, and the death of the principal

Under Article 1919 of the Civil Code of the Philippines, agency — and with it the underlying SPA / GPA — is extinguished by: (1) revocation by the principal; (2) withdrawal of the agent; (3) death, civil interdiction, insanity, or insolvency of either principal or agent; (4) dissolution of the firm/corporation that entrusted or accepted the agency; (5) accomplishment of the agency's object; (6) expiration of the constituted period. The principal may revoke at will under Article 1920, except when the agency is constituted in the common interest of principal and agent or in the interest of a third person who has accepted the stipulation (Article 1930) — irrevocable agency. Critically, the agent's acts performed in good faith after the principal's death but before the agent received notice of death are valid and bind the heirs (Article 1931); acts performed in bad faith are not. Third parties acting in good faith without notice of revocation are protected (Article 1922). Always recover the original SPA from the agent upon revocation and notify counterparties in writing.

Frequently Asked Questions

Ready to grant your Philippine Power of Attorney?

Complete the form in minutes and download a professional SPA or GPA compliant with the Civil Code of the Philippines. Free of charge, no account required for the basic version.

Create Your Power of Attorney Browse All Templates

Free PDF · Editable Word with Expert · No account required