What Is a Special Power of Attorney?
A Special Power of Attorney (SPA) is a notarized document by which a principal grants an attorney-in-fact (agent) authority to perform specific, enumerated legal acts on the principal's behalf. Under Philippine law (Civil Code, Arts. 1868–1932), certain transactions require special authority — meaning a general or verbal authorization is legally insufficient.
Many Filipinos search for this document as an authorization letter, but the two are only loosely equivalent — an authorization letter is an informal, unnotarized permission, while the SPA is the formal notarized instrument that banks, the Register of Deeds, SSS, and Pag-IBIG typically require, whether it is an SPA to sell property, to claim documents, or for bank transactions.
An SPA is one of the most frequently drafted documents in Philippine notarial practice. Filipinos working or living abroad commonly execute SPAs to authorize a trusted representative in the Philippines to handle property transactions, banking, and government filings on their behalf.
Acts That Require a Special Power of Attorney (Art. 1878)
Under Article 1878 of the Civil Code, special powers of attorney are required for:
- To make such payments as are not usually considered as acts of administration
- To effect novations which put an end to obligations already in existence at the time the agency was constituted
- To compromise, submit questions to arbitration, renounce the right to appeal from a judgment
- To waive any obligation gratuitously
- To enter into any contract by which the ownership of an immovable is transmitted or acquired, either gratuitously or for a valuable consideration
- To make gifts, except customary ones for charity or those made to employees in the business managed by the agent
- To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration
- To lease any real property to another person for more than one year
- To bind the principal to render some service without compensation
- To bind the principal in a contract of partnership
- To obligate the principal as a guarantor or surety
- To create or convey real rights over immovable property
- To accept or repudiate an inheritance
- To ratify or recognize obligations contracted before the agency
- Any other act of strict dominion
Required Elements of a Philippine SPA
- Principal's identity — full name, age, civil status, citizenship, address
- Attorney-in-fact's identity — full name, relationship, address
- Enumeration of specific powers — each authorized act must be clearly stated
- Limitations (if any) — conditions or restrictions on the agent's authority
- Ratification clause — "I hereby ratify and confirm all acts lawfully done by my attorney-in-fact pursuant hereto"
- Witness signature lines — two witnesses and their signature blocks
- Acknowledgment block — for SPAs, the notary executes an acknowledgment (not a jurat)
Free SPA Template Sample
That I, Juan Dela Cruz, single, Filipino, of legal age, and residing at 123 Rizal Street, Barangay San Antonio, Quezon City, have named, constituted and appointed, and by these presents do name, constitute and appoint Maria Santos, married, Filipino, of legal age, and residing at 456 Mabini Street, Barangay Poblacion, Makati City, to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts and things, to wit:
1. To sell, transfer, and convey my real property covered by Transfer Certificate of Title No. T-123456 located at 789 Bonifacio Avenue, Barangay Kapitolyo, Pasig City, and to sign, execute, and deliver all documents necessary to complete the sale, including the Deed of Absolute Sale and the corresponding tax filings.
2. To claim my PSA Birth Certificate and to process the renewal of my LTO driver's license, and to sign and receive all documents in connection therewith.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority to do and perform all acts necessary or incidental to the foregoing specific powers, and to sign, execute, submit, receive, and deliver all documents required for such purposes, hereby ratifying and confirming all lawful acts done by my Attorney-in-Fact pursuant to and within the scope of the specific authorities granted herein.
This Special Power of Attorney shall remain valid unless revoked in writing by the Principal.
The Principal reserves the right to revoke this Special Power of Attorney at any time by written notice, subject to rights and obligations already validly created before receipt of such revocation.
IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026 at Quezon City.
BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared the above-named principal with competent evidence of identity:
| Name | Competent Evidence of Identity |
|---|---|
| Juan Dela Cruz | Philippine Passport No. P1234567A |
known to me and to me known to be the same person who executed the foregoing instrument and acknowledged that the same is his/her free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
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Unlock & Generate — ₱199 or get All-Access — ₱999/30 daysAcknowledgment vs. Jurat: Which Does an SPA Use?
Unlike affidavits which use a jurat (administered oath), an SPA uses an acknowledgment. In an acknowledgment, the notary certifies that the signatory personally appeared, that the notary verified their identity, and that the signatory acknowledged executing the document as a free and voluntary act. The notary does not administer an oath for an acknowledgment.