Introduction

A Special Power of Attorney (SPA) in the Philippines is a legal document granting authority to a designated person, referred to as the agent or attorney-in-fact, to perform specific acts or transactions on behalf of the principal. Unlike a General Power of Attorney, an SPA is confined to particular matters expressly stated in the document.

Purpose

Real Estate Transactions: An SPA is widely used for buying, selling, or managing properties on behalf of the principal.
Banking and Financial Transactions: It allows the agent to conduct particular financial operations, such as withdrawing funds, investing, or closing accounts.
Legal Representation: An agent can represent the principal in legal proceedings or contract negotiations.
Medical Decisions: In certain situations, the agent can make health-related decisions on behalf of the principal.
Government Transactions: An SPA can facilitate various governmental procedures, such as applying for licenses or permits.

Importance

Flexibility: The principal can delegate specific tasks, creating a flexible arrangement to suit different needs.
Protection of Interests: The principal's interests remain safeguarded, as the agent's powers are confined to the scope defined in the SPA.
Convenience: Especially useful when the principal is abroad or unable to personally handle the task.
Legal Compliance: Many Philippine laws require an SPA for certain transactions to be legally binding.

Execution

Drafting: It must be written clearly, detailing the specific powers granted to the agent.
Notarization: Notarization by a Philippine notary public is usually required to authenticate the document.
Validity: It remains valid until the date mentioned in the document, or the completion of the specific task, or if revoked by the principal.

SAMPLE SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [Full Name of Principal], of legal age, single/married, Filipino, and with address at [Address of Principal], do hereby appoint [Full Name of Agent], of legal age, single/married, Filipino, and with address at [Address of Agent], as my true and lawful attorney-in-fact, to:

[Clearly Enumerate the Specific Acts or Transactions the Agent is Authorized to Perform]

This Special Power of Attorney shall remain valid and subsisting and shall continue to be in full force and effect until [Expiration Date or Condition for Termination, if applicable].

IN WITNESS WHEREOF, I have hereunto set my hand this [Date].

_____________________
[Full Name of Principal]
[Principal's Signature]

ACKNOWLEDGMENT

Republic of the Philippines)
City/Municipality of _______) S.S.

BEFORE ME, Notary Public, on this day of [Date], at [Location], personally appeared [Full Name of Principal], with [Type of ID] No. [ID Number], known to me to be the same person who executed the foregoing instrument, and acknowledged that the same is his/her free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

_____________________
[Notary Public]
[Notary's Signature]

Doc. No. _______;
Page No. _______;
Book No. _______;
Series of _______.

Conclusion

The Special Power of Attorney in the Philippines serves various critical functions in both personal and business spheres. Understanding the purpose, importance, and proper execution of an SPA is vital to ensure that the principal's objectives are achieved, and legal standards are maintained. Consulting with a legal professional skilled in Philippine law may provide tailored guidance for drafting and executing an SPA to fit specific needs and scenarios.