Importance of Special Power of Attorney (SPA) to an OFW?
The Special Power of Attorney (SPA) is your most vital tool as a property owner living abroad. It is the legal bridge that connects you to your Philippine assets, allowing you to execute transactions without boarding a plane.
What is an SPA and Why is it Non-Negotiable?
An SPA is a legally binding document that grants a designated person (your attorney-in-fact or authorized representative) the authority to act on your behalf for specific, defined acts.
- It is "Special": It is not a General Power of Attorney (GPA). A GPA grants broad, sweeping powers. An SPA grants specific powers, such as: "To SELL the property located at [Address] and covered by TCT No. [Number]." This specificity protects you from abuse.
- It Grants Legal Capacity: Without an SPA, your representative cannot sign any official document—Deed of Sale, mortgage application, or transfer documents—on your behalf. Government agencies (BIR, Registry of Deeds) will simply reject the transaction.
The authenticity of your SPA is critical. You have two main routes, depending on your location:
Route 1: The Philippine Consular Office (If you are in a country with a Philippine Embassy/Consulate)
- Draft the SPA: Have a lawyer draft the SPA with clear, specific wording listing the powers you grant.
- Schedule an Appointment: Book an appointment at the nearest Philippine Embassy or Consulate.
- Sign In Person: Sign the document in front of the Consular Officer (or their designated staff).
- Consularized: The officer will execute a Consularized SPA. This document is immediately recognized as valid in the Philippines.
Route 2: The Apostille Convention (If you are in a country that is part of The Hague Convention)
- Draft and Notarize: Draft the SPA and have it notarized by a local public notary in the country you are working in (e.g., in the US, UK, Australia, etc.).
- Apostille Certification: Take the notarized document to the designated foreign authority (usually the Foreign Ministry or State Department) to have an Apostille attached.
- Validity: The Apostille legally certifies the authenticity of the local notary’s signature, and the document is then recognized as valid in the Philippines.
Clear Boundaries: What Your Representative Can and Cannot Do
The purpose of the word "Special" is to protect you. Ensure your SPA is meticulously drafted.
| Authority Granted (CAN DO) | Authority NOT Granted (CANNOT DO) |
|---|---|
| Sign the Deed of Absolute Sale. | Sell all your properties. (Unless the SPA lists them all). |
| Pay all Capital Gains Tax (CGT) and Documentary Stamp Tax (DST) on your behalf. | Give the property away (donate) or use it as collateral for their personal loan. |
| Apply for and receive the new Transfer Certificate of Title (TCT). | Change the terms of the sale (e.g., drastically lower the price) without your prior written consent. |
Important Action: Do not use a generic SPA template. Pay a competent lawyer to draft an SPA that explicitly lists the address, title number, and specific actions required for your property. This is your insurance policy against misuse.





