format for special power of attorney philippines

3 min read 22-11-2024

format for special power of attorney philippines

A Special Power of Attorney (SPA) in the Philippines grants a specific person (the attorney-in-fact) the authority to act on behalf of another (the principal) for a particular purpose. This article details the format and crucial elements of a legally sound SPA. Understanding the correct format is crucial to ensure the document's validity and enforceability.

Key Components of a Special Power of Attorney in the Philippines

A well-drafted SPA should include the following essential components:

1. Identifying Information

Principal: Full name, address, citizenship, marital status, and date of birth. Include a valid government-issued ID number (e.g., passport number, driver's license number).
Attorney-in-Fact: Full name, address, citizenship, and date of birth. Similar to the principal, include a valid government-issued ID number.

2. Grant of Authority

This section clearly outlines the specific powers granted to the attorney-in-fact. Be explicit and avoid ambiguity. Common examples include:

Selling or Buying Property: Specify the exact property (address, title number, etc.) and the limits of the authority (e.g., setting a minimum selling price).
Managing Bank Accounts: Specify the bank, account number, and the permitted transactions (e.g., withdrawals, deposits, transferring funds).
Claiming Inheritance: Detail the specific inheritance and steps the attorney-in-fact is authorized to take.
Representing in Legal Matters: Specify the legal case, court, and the actions allowed (e.g., filing motions, representing in court).

Example: "I, [Principal's Name], hereby appoint [Attorney-in-Fact's Name] as my attorney-in-fact to sell my property located at [Address], with Tax Declaration Number [Tax Declaration Number], for a minimum price of [Amount]."

3. Limitations and Conditions (Optional but Recommended)

This section can specify limitations or conditions on the attorney-in-fact's authority. For instance:

Time Limit: Specify a duration for the SPA's validity (e.g., "This power of attorney shall be valid for one year from the date of execution").
Specific Transactions: Limit the authority to specific transactions, preventing broader actions.
Conditions Precedent: Establish conditions that must be met before the attorney-in-fact can exercise their powers.

4. Acceptance by Attorney-in-Fact

The attorney-in-fact must acknowledge and accept the granted authority by signing and dating the document. This signifies their agreement to act on behalf of the principal.

5. Signature and Notarization

Both the principal and attorney-in-fact must sign the document in the presence of a notary public. The notary public then affixes their seal and signature, attesting to the authenticity of the signatures. This notarization is essential for the legal validity of the SPA in the Philippines.

6. Witnesses (Optional but Recommended)

While not always legally mandated, having two witnesses sign the document adds an extra layer of security and validation.

Sample Format (Note: This is a sample and should not be used as a legal substitute. Consult a lawyer for a personalized SPA.)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, [Principal's Full Name], of legal age, Filipino, residing at [Principal's Address], with [Government-Issued ID Number], after having been duly sworn to in accordance with law, do hereby name, constitute, and appoint [Attorney-in-Fact's Full Name], of legal age, Filipino, residing at [Attorney-in-Fact's Address], with [Government-Issued ID Number], as my true and lawful attorney-in-fact, to act on my behalf in the following matters: [Clearly specify the powers granted, as detailed above].

This power of attorney is valid for [Duration or Specific Condition].

I hereby declare that I am of sound mind and fully understand the contents of this document.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] in [City/Municipality], Philippines.

[Principal's Signature]

[Attorney-in-Fact's Signature]

Before me, personally appeared the above-named principal and attorney-in-fact, known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL this [Date], in [City/Municipality], Philippines.

[Notary Public's Signature]

[Notary Public's Seal]

[Doc. No. _____; Page No. _____; Book No. _____; Series of _____]

Seeking Legal Counsel

This information is for guidance only and doesn't constitute legal advice. It's crucial to consult with a qualified lawyer in the Philippines to draft a legally sound and tailored Special Power of Attorney that meets your specific needs and circumstances. The lawyer can ensure the SPA complies with all legal requirements and protects your interests. Improperly drafted SPAs can lead to legal complications and disputes.