Revocation Special Power Philippines

Dear Attorney,

I would like to ask about how to revoke a Special Power of Attorney (SPA). Can you provide information on what needs to be done in order to properly revoke it? Additionally, are there any specific steps or documentation required? Thank you for your guidance on this matter.

Sincerely,
Concerned Client

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Insights

In the Philippines, a Special Power of Attorney (SPA) is a legal document that authorizes another person (the agent) to act on behalf of the principal in specified transactions. However, there are instances when the principal may wish to revoke the SPA for various reasons, such as a change in circumstances or loss of trust.

How to Revoke a Special Power of Attorney (SPA)

1. Prepare a Revocation Document
   The principal must execute a written document called a "Revocation of Special Power of Attorney." This document should clearly state that the SPA is being revoked and specify the date when the revocation is effective. It must also mention the specific SPA that is being revoked, especially if there are multiple SPAs issued by the principal.

2. Notarization
   Like the SPA, the Revocation of Special Power of Attorney must be notarized. This formalizes the revocation and ensures it is legally enforceable.

3. Notify the Agent
   After executing the revocation document, the principal must serve a copy of the notarized revocation to the agent. This ensures that the agent is aware that their authority has been withdrawn.

4. Notify Third Parties
   If the agent has been dealing with third parties (e.g., banks, government agencies, or private companies) under the SPA, it is crucial to notify these entities that the SPA has been revoked. Failure to do so could result in the agent continuing to act on the principal’s behalf without proper authorization.

5. Register with Government Agencies
   If the SPA was used for specific transactions requiring registration, such as those involving real estate, the revocation must also be registered with the appropriate government agencies, like the Register of Deeds, to update the records accordingly.

6. Legal Consequences of Revocation
   Once the SPA is revoked, the agent no longer has the authority to act on behalf of the principal. If the agent continues to act, they may be liable for any unauthorized transactions. It is important to follow all procedural steps to avoid legal disputes or complications.

By following these steps, the principal ensures that the revocation of the SPA is properly executed and that the agent no longer holds the authority granted by the original document.