The format for a Special Power of Attorney (SPA) in the Philippines isn't rigidly prescribed, but certain crucial elements must be included to ensure its legal validity and enforceability. While you can find numerous SPA templates online, it's always advisable to consult a lawyer to ensure it's tailored to your specific needs and circumstances. This guide outlines the essential components.
Key Components of a Valid Special Power of Attorney in the Philippines
A legally sound SPA in the Philippines should include the following:
1. Identification of the Principal and Agent:
- Principal: This is the person granting the authority (the one who signs the SPA). Clearly state their full name, address, citizenship, and any other relevant identification details (e.g., passport number, driver's license number).
- Agent: This is the person receiving the authority to act on behalf of the principal. Similar detailed identification information is required for the agent.
2. Grant of Authority:
- Specific Powers: The SPA must explicitly state the specific powers granted to the agent. Vague language is unacceptable. For example, instead of "to manage my affairs," specify "to sell my property located at [Address], to collect rent from my property located at [Address], or to represent me in court proceedings regarding case number [Case Number]." The more precise, the better.
- Limitations: Clearly define any limitations on the agent's authority. For example, specifying a time limit for the authority ("valid for one year") or limiting the agent’s power to specific transactions or geographical areas.
3. Description of the Subject Matter:
- Detailed Description: Precisely describe the subject matter of the SPA. If it concerns property, provide the complete address, tax declaration number, and any other relevant details. If it concerns a legal case, provide the case number and court where the case is pending.
4. Signature and Acknowledgment:
- Principal's Signature: The principal must personally sign the document in the presence of a notary public.
- Notarial Seal and Signature: A notary public must attest to the principal's signature and affix their seal to the document. This is a critical step for legal validity. The notary public should verify the identities of both principal and agent.
5. Documentary Stamp Tax:
- Compliance: The SPA must bear the proper documentary stamp tax as required by Philippine law.
6. Optional but Recommended Elements:
- Witnesses: While not always mandatory, having witnesses to the signing can add an extra layer of security and evidence of authenticity.
- Date of Execution: Clearly indicate the date the SPA is signed and executed.
Example Structure (Simplified):
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, [Principal's Full Name], of legal age, [Citizenship], residing at [Principal's Address], after having been duly sworn to, do hereby name, constitute and appoint [Agent's Full Name], of legal age, [Citizenship], residing at [Agent's Address], as my true and lawful attorney-in-fact, to act for and in my name and stead, with full power and authority to:
- [Specific power 1, e.g., Sell my property located at [Address]]
- [Specific power 2, e.g., Collect rent from my property located at [Address]]
- [Specific power 3, e.g., Represent me in court proceedings regarding case number [Case Number] at the [Court Name]]
This Power of Attorney shall remain in full force and effect until [Date or Event].
IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Place].
[Principal's Signature]
Before me, this [Date], personally appeared [Principal's Full Name], known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is his free and voluntary act and deed.
[Notary Public Signature] [Notary Public Seal] [Notary Public Commission Number]
Disclaimer: This is a simplified example and should not be considered legal advice. You must consult with a lawyer in the Philippines to create a legally sound Special Power of Attorney that accurately reflects your specific needs and complies with all applicable laws. Incorrectly drafted SPAs can lead to legal complications and disputes.
