Handling Lost or Damaged Original Special Power of Attorney in the Philippines

Query: How can a photocopy of a Special Power of Attorney (SPA) be authenticated and made acceptable in legal transactions if the original document is lost or destroyed?

In the Philippines, the Special Power of Attorney (SPA) is a crucial legal document that grants authority to an individual to act on behalf of another in specific matters. Losing or damaging the original SPA can pose significant challenges, especially when it is required for important transactions, such as the execution of a Deed of Sale. Here are the steps and legal considerations for addressing this issue:

1. Affidavit of Loss

When the original SPA is lost or destroyed, the first step is to execute an Affidavit of Loss. This affidavit should detail the circumstances under which the document was lost or destroyed. It must be notarized to provide legal weight and must include:

• A detailed account of how the SPA was lost or destroyed.
• An assertion that the document cannot be found after diligent search.
• An undertaking that the lost document will be surrendered if found.

2. Authenticated Photocopy

To use the photocopy of the SPA, it must be authenticated. The authentication process involves several steps:

• Certification by Notary Public: Present the photocopy to the notary public who originally notarized the SPA, if possible. The notary can certify that the photocopy is a true and faithful reproduction of the original document.
• Certification by Other Witnesses: If the original notary is unavailable, other witnesses who saw the original SPA and can attest to its authenticity may also provide sworn statements.

3. Judicial Recognition

In some cases, particularly where the authenticity of the photocopy might be contested, it may be necessary to obtain judicial recognition:

• Petition for Reconstitution: File a petition in the court for the reconstitution of the lost or destroyed SPA. This legal process asks the court to recognize the photocopy as valid. The court may require:
  • Presentation of the certified photocopy.
  • Testimonies from witnesses who can attest to the authenticity of the photocopy.
  • The Affidavit of Loss.

4. Registrar of Deeds

When dealing with the Registrar of Deeds (ROD), explain the situation and provide the necessary documents:

• Affidavit of Loss.
• Certified Photocopy of the SPA.
• Court Order (if obtained). The ROD may have specific guidelines and additional requirements for accepting a photocopy in place of the original.

5. Legal Advice

Given the complexities involved, it is advisable to seek legal counsel. An attorney can provide guidance on the proper procedures and represent your interests effectively, especially in judicial proceedings.

Key Considerations

• Timing: Address the issue as soon as possible to avoid delays in transactions.
• Documentation: Ensure all documents, affidavits, and certifications are properly notarized and authenticated.
• Legal Compliance: Follow legal procedures diligently to ensure the photocopy is accepted without disputes.

By following these steps, a photocopy of a lost or destroyed Special Power of Attorney can be authenticated and made acceptable for legal transactions in the Philippines, ensuring that the necessary authority is recognized and honored.