Dear Attorney,

I would like to ask if you are able to prepare a Special Power of Attorney (SPA) document. I need it for a personal matter, but I am unsure about the specific requirements in the Philippines. Can you assist me in understanding the process for having this document created and what I need to provide?

Sincerely,
Concerned Client

Insights

A Special Power of Attorney (SPA) is a legal document used in the Philippines where one person, the principal, authorizes another person, the agent or attorney-in-fact, to perform specific acts on their behalf. The SPA is usually required when the principal is unable to personally attend to matters due to absence or incapacity. The acts authorized under an SPA are limited to what is expressly stated in the document.

Key Features of a Special Power of Attorney:

Authority to Act
The SPA grants specific powers to the agent, which can range from handling banking transactions, managing property, or representing the principal in legal proceedings. The scope of authority must be explicitly defined in the document. The agent cannot perform acts beyond what is authorized unless the SPA includes a general clause that allows broader representation.
Notarization Requirement
In the Philippines, a valid SPA must be notarized to ensure its enforceability. Notarization gives the document a "public" character, meaning it becomes admissible in court as evidence without further proof of authenticity. It also affirms that the principal willingly and voluntarily signed the document.
Principal’s Capacity
The principal must be of legal age and have the mental capacity to grant the SPA. If the principal is incapable of understanding the nature and consequences of the SPA, the document can be contested and potentially rendered void.
Termination of SPA
An SPA is not permanent. It automatically terminates if the principal revokes it, becomes incapacitated, or passes away. Similarly, if the agent becomes incapacitated or dies, the SPA ceases to be effective. Some SPAs may specify conditions or time periods after which the document will no longer be valid.
Overseas Use
For Filipinos abroad, SPAs executed outside the Philippines need to be notarized by the Philippine Embassy or Consulate in the country where the principal is located. This process is called consularization. The consularized SPA is then recognized for use in the Philippines.

In conclusion, an SPA is an essential tool for Filipinos who need to delegate authority for specific legal and business transactions. Its creation and use must be approached with caution to ensure the powers granted are clear, and the document is legally enforceable.