So, let us talk about how you can legally authorize someone to act on your behalf. But this is more than just a verbal agreement or a text in your phone. In fact, you need to engage into a contract to make the agreement legally valid.
That contract is called a Special Power of Attorney or SPA. A SPA is a document where the Principal appoints an Attorney In Fact or an Agent to perform acts or specific transactions on their behalf.
This is stated in Article 1874 of the Civil Code which states that when a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void.
But just to be clear, a SPA doesn’t signify ownership to the agent but only authorizes them on some capacity as specified in the document.
To make the SPA valid, the act by the attorney in fact or the person who is authorized to act on behalf of the principal, should be within the scope of his authority in the principal’s name. The Special power of attorney is limited to what has been laid out in the signed document and it is very important that the principal is very clear about the powers that he want the agent to have.
Meaning if the SPA is to sell, the agent is not allowed to mortgage. If the SPA is to mortgage, the agent is not allowed to sell.
And the SPA becomes void if the principal dies or becomes incapacitated, meaning the principal is unable to grant such power due to an injury or mental illness.
If the SPA is signed abroad it must be consularized and then original copies be sent here via courier. A consularized SPA is the equivalent of notarization here in the Philippines.
To request for a consularized SPA you need to prepare the following documents:
• Photocopy of the first and last page of your Philippine passport
• Valid Philippine issued governments ID
• Personal appearance
• Two witnesses where both should be of legal age and available for personal appearance at the embassy during the execution of the SPA
• Valid ids of witnesses
• Notarial fee
If the SPA is signed in the Philippines, you just need the IDs of Attorney in Fact or agent and the passport of the grantor which is the client or the OFW or any valid id.
Should the SPA executed in the Philippines be notarized? The general rule is the Special Power of Attorney need not be notarized to be valid but the effect of the notarization of a private document like an SPA is to convert the said document into a public one and renders it admissible in evidence in court without further proof of its authenticity and due execution.
How can you get a special power of attorney?
If you want to draft a special power of attorney, there are a couple of templates online. If you live abroad, the form is provided in the Philippine embassy of your resident country.
Since the SPA is a legal document, ensure the details are correct.
• The name and address of the principal.
• The ID, physical address, and agent's details.
• A reason to get the SPA.
• Date and the place where one will sign that form.
• The principal's signature.
• The principal’s name, identification number, and the ID expiry date.
So, there you have it. I hope you learned something new. Once again this is George Ryan Sarmago, thank you for watching, stay safe, stay at home and peace.