Special Power of Attorney in the Philippines: Lawyer's Signature or Notary Public?

A Question-and-Answer Guide

Question: Does the Special Power of Attorney (SPA) in the Philippines need to be signed by a lawyer, or can a notary public do it?

Answer:

The execution and validation of a Special Power of Attorney (SPA) in the Philippines have specific requirements. Here's what you need to know:

1. Lawyer's Signature:

An SPA does not require the signature of a lawyer to be valid. What's essential is that the person giving the authority (the principal) clearly indicates in writing the specific powers they are granting to their representative (the attorney-in-fact).

2. Notarization:

While the SPA doesn't need a lawyer's signature for its creation, it generally needs to be notarized to be effective, especially when used for official transactions.
A notary public, who is typically a lawyer with the authority to perform notarial acts, will notarize the SPA. The notary public's role is to ensure the genuineness of the executing parties' signatures and their voluntary execution of the document.
Notarization gives the SPA the force of evidence, making it a public document. This means that it is presumed to be regular and genuine without the need to further prove its authenticity in court.

3. Presence of Principal:

The principal must personally appear before the notary public to acknowledge the SPA. The notary public will verify the principal's identity, ensure they understand the document's content and implications, and that they are signing it freely and voluntarily.

4. Foreign SPAs:

If the SPA is executed outside the Philippines, it must be authenticated by the Philippine consulate in the country where it was executed. Once authenticated, it can be used in the Philippines and will have the same effect as an SPA notarized locally.

Conclusion:

While a Special Power of Attorney in the Philippines doesn't need to be signed by a lawyer, it does need to be notarized by a notary public to be considered a public document and to be effective for most official transactions. When executing an SPA, ensure that you understand the powers you're granting and that the document is duly notarized for its intended use.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.