The Special Power of Attorney: consularised, apostilled, and what it must say

A Special Power of Attorney is the document that lets someone in the Philippines act for you in a transaction you are not present for. Article 1878 of the Civil Code lists the acts that need a special, not a general, power — and buying, selling or mortgaging real property is on the list. A general power of attorney, or an SPA that only says "to do all acts necessary", will be refused by a developer's legal department, a bank, and the Registry of Deeds. What it must say. Name yourself and your representative in full, with addresses and the IDs you will attach. Describe the property: the project, tower, unit or lot, block and phase, and the title number if one exists. Then list the acts: to reserve the unit and pay the reservation fee; to sign the Contract to Sell; to sign the Deed of Absolute Sale; to pay the price and receive receipts; to apply for and sign a housing loan and its mortgage; to pay the taxes and fees; to file with the BIR and the Registry of Deeds; to receive the title. Leave out what you do not want done — an SPA to buy does not need a power to sell. Where you sign it. Two routes, both valid. Since 14 May 2019 the Philippines has been party to the Apostille Convention. In any other member country, you sign the SPA before a local notary public and have that notarisation apostilled by the country's competent authority (a foreign ministry, a court, or a state office, depending on the country). The apostilled SPA is accepted in the Philippines without any further consular step. The older route is still available everywhere and is the only one in countries outside the Convention: sign the SPA before a consular officer at the Philippine Embassy or Consulate, who acknowledges it. Both are signed in person with your passport. Fees and appointment systems vary by post and country, so check the Embassy or Consulate's website for the current procedure. How many originals. One for the developer or bank, one for the Registry of Deeds, one to keep. Each original needs its own apostille or consular certificate attached; a photocopy of a certified set is not an original. Getting it home. Courier the originals to your representative. For the transfer of a title into your name, the Registry of Deeds requires the SPA on record with the deed, and some registries ask for it to be annotated on the seller's title beforehand; your representative's first visit should be to ask which. When it ends. A special power is spent once the act is done, but a written revocation, sent to the developer or bank and filed with the Registry, removes any doubt. If your representative changes, revoke the old SPA before the new one is used. Work through the steps in order on the checklist at /buying-from-abroad, and verify the practitioner handling the sale at /verify.