How to Prepare a Special Power of Attorney for Obtaining NBI and Police Clearances in the Philippines

Disclaimer: The information provided below is for general educational and informational purposes only and does not constitute legal advice. If you require legal advice or have specific questions regarding the preparation of a Special Power of Attorney (SPA), it is best to consult a qualified lawyer or notary public in the Philippines.

1. Introduction

A Special Power of Attorney (SPA) is a legal document in which a person (the Principal) authorizes another individual (the Attorney-in-Fact or Agent) to perform specific acts on the Principal’s behalf. In the Philippines, one common use of an SPA is to authorize someone else to secure or process NBI (National Bureau of Investigation) clearances or Police clearances when the Principal is unable to appear in person.

This article will walk you through everything you need to know about preparing an SPA for obtaining NBI and Police Clearances in the Philippines, including legal bases, the required content, execution and notarization, consularization or apostillization (if applicable), and practical tips.

2. Why an SPA Is Needed for NBI and Police Clearances

  1. Personal Appearance Requirement:

    • NBI and local police authorities generally require personal appearance for applicants to ensure accurate collection of biometrics and identity verification.
    • However, if you are abroad, physically incapacitated, or otherwise unable to appear personally, you may authorize someone else to apply on your behalf through an SPA.

  2. Strict Identification and Consent:

    • Because clearances involve sensitive and personal information, having an SPA helps prove that the Attorney-in-Fact is duly authorized to obtain another person’s records.

  3. Compliance with Philippine Laws:

    • The Civil Code of the Philippines (particularly Articles 1878 and 1919) lays down the foundation of an agency relationship and the requirements for a Special Power of Attorney.

3. Key Elements of a Special Power of Attorney

A Special Power of Attorney is distinct from a General Power of Attorney in that it grants authority for specific or limited acts. In preparing an SPA for NBI or Police Clearance application, the following elements must be present:

  1. Title/Heading:

    • Clearly label the document as “SPECIAL POWER OF ATTORNEY.”

  2. Name and Personal Details of the Principal:

    • Include the Principal’s full name, address, citizenship, date of birth, and other pertinent details (e.g., passport number if abroad, or Philippine-issued ID details).

  3. Name and Personal Details of the Attorney-in-Fact:

    • Include the Attorney-in-Fact’s full name, address, citizenship, and identification details.

  4. Scope of Authority:

    • Expressly state that the Principal grants authority to the Attorney-in-Fact to request, apply for, and claim the NBI Clearance or Police Clearance on behalf of the Principal.
    • Example wording:

      “To process, execute, sign, and receive all documents necessary for obtaining my NBI Clearance and/or Police Clearance from the appropriate government offices in the Philippines.”

  5. Effective Date and Duration:

    • Specify when the SPA takes effect and, if applicable, when it terminates.
    • If no duration is stated, the SPA is generally valid until it is revoked or the purpose is fulfilled.

  6. Signature of the Principal:

    • The Principal must sign the document. If the Principal cannot sign (e.g., due to incapacity), alternative legal formalities or additional witnesses might be required.

  7. Notarization Acknowledgment/Attestation Clause:

    • Philippine law requires certain documents to be notarized to be considered public instruments and to ensure authenticity.
    • Include a clause indicating that the SPA will be notarized before a notary public.

4. Steps to Prepare and Execute the SPA

A. Drafting the Document

  1. Identify the specific act(s) to be authorized.

    • Since you only want to authorize someone to secure NBI and Police Clearances, make sure to limit the scope to those specific tasks.

  2. Use a clear, concise, and formal language.

    • The language of the SPA should reflect legal formality and clarity.

  3. Prepare multiple originals or copies.

    • It is practical to have at least three original, notarized copies:
      • One for the Attorney-in-Fact,
      • One to submit to the concerned government agency (if required),
      • One for your personal records.

B. Notarization in the Philippines

  1. Select a notary public.

    • Bring valid government-issued identification cards or passports of both the Principal and the Attorney-in-Fact.
    • In many cases, only the Principal’s ID is mandatory for notarization (as the Principal is the one executing the SPA).
    • However, it is prudent for both parties to be prepared with IDs.

  2. Principal’s appearance before the notary.

    • The Principal typically must sign the document in front of the notary public.
    • If the Attorney-in-Fact is not present, that is usually permissible for SPA notarization, as the main act is the Principal’s act of authorization.

  3. Payment of the notarial fee.

    • Rates vary depending on location and notary public.

C. Consularization or Apostillization (If the Principal Is Abroad)

  1. What is Consularization/Apostillization?

    • If you are located abroad and need to execute a Philippine legal document, you generally must either consularize it or apostillize it (depending on whether the foreign country is a signatory to the Hague Apostille Convention).

  2. Process of Consularization:

    • Have your SPA notarized by a notary public in the foreign country.
    • Bring the notarized SPA to the Philippine Embassy or Consulate for consularization.
    • The Embassy/Consulate will affix a certificate or a red ribbon (previously), now replaced by the apostille or an equivalent authenticating mark in many countries.

  3. Process of Apostillization (If Applicable):

    • The document is first notarized locally (in the foreign jurisdiction).
    • You then bring it to the appropriate authority (often a Department of Foreign Affairs or equivalent) to get an apostille.
    • The apostilled SPA is generally recognized in the Philippines without requiring additional consular notarization.

D. Submitting the SPA for NBI or Police Clearance

  1. NBI Clearance Procedure:

    • The Attorney-in-Fact usually needs the following:
      • Original or certified true copy of the SPA.
      • Photocopies of the Principal’s valid ID(s).
      • Attorney-in-Fact’s own valid ID(s).
      • The NBI Clearance application form (filled out), if required.
      • Other supporting documents (e.g., a letter indicating the reason why the Principal cannot appear in person).

  2. Police Clearance Procedure:

    • Similar to the NBI process, but the issuance of Police Clearance is handled by the PNP (Philippine National Police) through local municipality or city police offices.
    • Requirements typically include:
      • Original or certified true copy of the SPA.
      • Principal’s valid ID(s) (photocopy and sometimes original for verification).
      • Attorney-in-Fact’s valid ID(s).
      • Police Clearance application form.
      • Payment of fees.

  3. Verification and Biometrics:

    • Depending on local policies, some municipalities or city halls may still require the Principal’s fingerprints. If the Principal is physically unavailable, the Attorney-in-Fact should clarify if a fingerprint card or prior biometric record can be submitted.

5. Tips and Best Practices

  1. Be Very Specific with the Scope

    • To avoid legal complications, do not give overly broad powers. Restrict the SPA to obtaining NBI or Police Clearance.

  2. Maintain Updated IDs and Personal Information

    • Ensure that the Principal’s IDs are current and not expired, as expired IDs may cause delays or rejections in the application process.

  3. Verify Requirements with the NBI/PNP Office in Advance

    • Requirements can vary by location. Some local police offices have different approaches to handling proxy applications.

  4. Use Proper Format and Language

    • You can use the English language or Filipino (Tagalog).
    • The key point is clarity. Some notaries or lawyers have their own templates for SPAs that you can utilize.

  5. Keep Multiple Copies

    • Always keep extra notarized copies of the SPA in case agencies require an original for their records.

  6. Monitor Validity

    • Make sure the SPA remains valid during the entire processing period. If it has an expiration date, begin the process well in advance.

  7. Consult a Lawyer When in Doubt

    • If your situation is unique or complex, it is best to seek professional legal advice.

6. Common Questions

A. Can the SPA Cover More than One Person as Attorney-in-Fact?

Yes. You can designate multiple Attorneys-in-Fact in a single SPA. However, be clear as to whether each Attorney-in-Fact can act individually or if they must act jointly.

B. Can an SPA Be Revoked?

Yes. You can revoke (cancel) an SPA at any time, provided you are still legally capacitated. The revocation must generally be in writing, signed before a notary public, and communicated to the Attorney-in-Fact and any relevant third parties or agencies.

C. Are There Additional Documents Needed if the Principal Is Overseas?

Some agencies might require a copy of the Principal’s passport showing the immigration entry stamp to verify that the Principal is indeed abroad.

D. What if the Local Police Station Refuses to Accept an SPA?

If local officials are unfamiliar with the procedure, politely show them the notarized (and possibly apostilled/consularized) SPA and explain that you are acting as an Attorney-in-Fact. If they remain reluctant, consider contacting higher authorities, or coordinate with a local lawyer for clarification.

7. Legal References

  1. Civil Code of the Philippines:

    • Articles 1868-1932 cover laws on agency and the authority of an agent.

  2. Hague Apostille Convention:

    • The Philippines became a party to the Apostille Convention on May 14, 2019. Documents from countries that are also signatories to the Convention usually need an apostille rather than traditional consularization.

  3. Rules and Procedures of the NBI and PNP:

    • Consult the official websites or contact their offices to check for any updates or special instructions regarding proxy applications.

8. Conclusion

Preparing a Special Power of Attorney to obtain NBI or Police Clearances in the Philippines is a fairly straightforward process as long as you pay attention to the document’s specificity, ensure proper notarization, and fulfill any consularization or apostillization requirements if you are abroad. This legal instrument can save time and hassle for those who cannot appear in person due to geographic or physical constraints.

Nevertheless, always remember that rules and procedures may vary among local agencies, so do your research or seek legal advice when in doubt. By following the guidelines laid out above, you can create a valid SPA that empowers someone you trust to secure your clearances safely and lawfully.

Disclaimer Reminder: This article is for general information only. For legal advice tailored to your specific circumstances, please consult a duly licensed Filipino attorney or a notary public.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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