Understanding the Special Power of Attorney in the Philippines: A Practical Guide
There are times when we need to take care of personal or legal matters but can’t be physically present to do so. This often happens when someone is living far from where a transaction must take place, dealing with health or mobility issues, or is just too busy. In these cases, a Special Power of Attorney (SPA) becomes a useful and reliable legal tool.
Here’s a simple guide to help you understand what an SPA is, how it works, and why it’s important.
What is a Special Power of Attorney?
A Special Power of Attorney is a legal document where you authorize another person to act on your behalf for a specific task. This person then becomes your agent (also called the "attorney-in-fact"). By executing an SPA, you effectively delegate authority, allowing your representative to carry out acts and make decisions in your name, but only within the scope of authority clearly stated in the document. This could include selling your property, collecting a payment, signing legal documents, or representing you in a business matter.
The key thing to remember is that it’s “special” because it only covers the tasks you clearly mention in the document. If it’s not written there, your representative has no authority to act on it!
How Does an SPA Work?
After the SPA is prepared and signed (and notarized), your appointed representative can then proceed to do the tasks assigned. For instance, if you gave someone authority to sell your car at any price they deem fit and to do all acts necessary to sell the car, then that person can sign the deed of sale, process the transfer of ownership with the relevant government agencies, and even negotiate on your behalf. But they cannot sell any other property or make decisions outside what’s written in the SPA.
This kind of document gives your representative a legal basis to act on your behalf and is often required by banks, government offices, private institutions, and third parties.
Who Can Execute an SPA?
Anyone who is at least 18 years old and mentally sound can issue a Special Power of Attorney. You don’t need to be a lawyer or have legal training to execute an SPA, you just need to clearly state what you want your representative to do.
You can appoint any trusted individual as your representative. Most people choose a spouse, sibling, relative, or long-time friend. It’s very important to select someone reliable and responsible because they will be making decisions under your name, and more importantly, you will be bound by these decisions!
Can an SPA be Revoked?
Yes, a Special Power of Attorney can be revoked anytime. If you no longer want the person to represent you, or if the task has already been completed, you can cancel the SPA. This is usually done through a written Revocation of SPA, and it’s best to have it notarized as well.
It’s also important to notify not only the person you appointed but also any third party involved, such as a bank or agency, so they know the SPA is no longer valid.
What are the possible reasons for the SPA to be revoked?
There are different reasons why a person might cancel a Special Power of Attorney. Some common ones include:
The transaction is finished, so the SPA is no longer needed.
You’ve decided to handle the matter yourself.
You no longer feel confident in the person you assigned.
The person you appointed is no longer available or capable of doing the task.
There are changes in circumstances that make the SPA unnecessary.
Once you revoke the SPA, the person you appointed loses all authority to act on your behalf.
Sample Format of an SPA
If you’re planning to prepare an SPA, it’s helpful to start with a proper format. You can check this sample template for guidance: Click here for a sample SPA format.
Conclusion
A Special Power of Attorney is more than just paperwork—it’s a tool that helps you manage important matters even when you can’t be present. It’s widely used in the Philippines, especially by OFWs and business owners, because it allows smooth and legal transactions without delay.
Just remember: choose your representative wisely, be clear about the authority you’re giving, and keep the document safe and properly notarized. If you ever need to cancel it, do it in writing and notify the right people.
As stated earlier, you can download our free template from the Dulay Law Co. Resources Page at https://www.dulaylaw.com/resources.
Need assistance with preparing a Special Power of Attorney?
You can reach us at +63.927.487.0737, email us at contact@dulaylaw.com, or visit https://www.dulaylaw.com/contact-us to learn more about how we can help.
