For our kababayans living overseas, understanding the ins and outs of a Special Power of Attorney in the Philippines, commonly known as SPA, is essential. An SPA is a lifeline, allowing you to manage your affairs back home without needing to fly back and forth. It grants someone you trust, known as your “agent” or “attorney-in-fact,” the authority to act on your behalf for specific tasks. This could range from selling property, handling your finances, dealing with legal matters, or any administrative tasks that require a personal touch.

Crafting an SPA requires attention to detail. It’s not just any document—it’s a legally binding agreement that outlines what your agent can and cannot do on your behalf. This means it has to be clear, precise, and in line with Philippine law. If you’re signing this document abroad, it needs to be notarized and either authenticated or consularized by the nearest Philippine embassy or consulate to ensure it’s recognized back home.

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Requirements for a Special Power of Attorney

Navigating the legalities of a Special Power of Attorney in the Philippines can seem like a daunting task. But, understanding the essentials can empower you to manage your affairs back home with confidence.

Who Can Make and Hold an SPA?

• Principal (Grantor): You need to be at least 18 years old and fully capable of making your own decisions. It’s crucial that you grasp the extent of power you’re handing over.
• Agent (Attorney-in-Fact): The person you’re trusting with this power also needs to be of legal age and able to carry out the tasks you’ve outlined. While you can pick anyone from your circle of trust, choosing someone with the right know-how for the tasks is wise.

Defining the Powers

Your SPA should lay out what your agent can do on your behalf. Whether it’s managing your finances, selling property, or handling legal and administrative matters, the document must specify these tasks. The law demands specificity here to avoid any vagueness. Under Article 1878 of the Civil Code of the Philippines, an SPA is required for acts of strict dominion — including selling or mortgaging property, making donations, and entering into contracts that create real rights over immovable property.

The Nitty-Gritty of Drafting an SPA

• Written Format: All details, including both parties’ full names and the powers granted, must be written down.
• Principal’s Signature: Yours needs to be on the document. If you can’t sign, a thumbprint or another mark will do, as long as it’s witnessed.
• Notarization: This official stamp of approval turns your SPA into a public document, recognized for its authenticity. JCA Law offers both in-person and virtual notary services.

Cross-Border Formalities

• In the Philippines: A local notary public can notarize your SPA.
• From Canada (Post-2024): Since Canada joined the Hague Apostille Convention in January 2024, you now have two options: apostille through a Canadian competent authority OR consularization at the Philippine Consulate. The apostille path is often faster and more convenient.

Keeping It Valid

Your SPA stays effective until any specified expiry date, you decide to revoke it, or until you pass away. Revoking it means formally communicating this change to your agent and anyone else involved. For a detailed discussion, see our guide on SPA validity, expiration, and revocation.

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Common Uses of an SPA in the Philippines

Whether it’s about making significant decisions or handling everyday tasks, a Special Power of Attorney ensures your interests are taken care of by someone you trust.

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Step-by-Step Guide for Processing an SPA from Abroad

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SPA Cost Overview

Wondering how much an SPA costs? Here’s a quick breakdown of JCA Law’s transparent pricing:

Service	Price
SPA Drafting	$100.00
Notarization	$49.00
Apostille/Authentication	$79.00
Full Package (incl. 13% HST)	$257.64

For a detailed breakdown including package options, consulate fees, and courier costs, visit our complete SPA cost guide.

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Frequently Asked Questions

What is the validity period of an SPA?

The validity of an SPA depends on the terms specified within the document itself. If an expiration date is stated, the SPA will remain valid until that date. In the absence of a specified expiry date, the SPA remains effective until it is revoked by the principal, the principal dies, or the purpose for which the SPA was created has been fulfilled. Read more about SPA validity and expiration →

Can an SPA be revoked?

Yes, an SPA can be revoked at any time by the principal as long as the revocation is communicated to the agent and, ideally, to any third parties who may be affected. The revocation can be done through a written document, also ideally notarized, to provide a formal record. Simply revoking without notifying involved parties may lead to complications.

How should I choose an agent for my SPA?

Choosing an agent requires careful consideration:

• Trust and Reliability: Choose someone you trust implicitly with sound judgment
• Capability: Ensure they have the necessary knowledge and skills
• Willingness: They should be willing and able to take on the responsibilities
• Availability: Consider their availability for time-sensitive matters
• Compatibility: They should understand your preferences and values

Do I need to go through consularization now that Canada has apostille?

No! Since January 11, 2024, Canada has been a member of the Hague Apostille Convention. This means you can now get your notarized SPA apostilled directly by a Canadian competent authority, without needing to visit the Philippine Consulate. Both apostille and consularization are still accepted in the Philippines. Read our full comparison guide →

What happens if the principal or the agent dies?

If the principal dies, the SPA automatically becomes null and void under Article 1919 of the Civil Code of the Philippines, as the authority granted cannot extend beyond the principal’s lifetime. Similarly, if the agent dies, the SPA becomes ineffective, as the authority granted is personal to the agent. In such cases, a new SPA would need to be executed.

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SPA Guides by Type

Explore our detailed guides for specific SPA types:

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How JCA Law Can Assist

Navigating the complexities of legal documentation from afar can be daunting. That’s where JCA Law steps in—your trusted partner in seamlessly managing your legal needs across borders. Since 2016, we have helped thousands of kababayans process their SPAs from anywhere in Canada.