how to get special power of attorney for sell property in the philippines

STEP 1: Check the Philippine Embassy’s website and find the form for a SPA. Print this and fill it up. STEP 2: Go to the embassy near you with your witnesses and documents. Sign it in front of the consular officers. STEP 3: Pay the notarial fee. STEP 4: Wait for the document to be ready. The officers will contact you if it is.

Full Answer

What is a special power of attorney in the Philippines?

To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for us and in our name and receive payment from the sale of our property more particularly described as follows: (Insert Description of Property) HEREBY GRANTING unto our representative full power and authority to execute and

What is a special power of Attorney (SPA)?

Jul 20, 2020 · Step-by-Step Guide on getting a Special Power of Attorney in the Philippines STEP 1 : Prepare a SPA (you can use the format above) and print 4 copies on a long bond paper. STEP 2 : Go to the lawyer’s office and sign the document.

How to fill out the special power of attorney template?

Sample Special Power of Attorney to Sell Parcel of Land. Sample Special Power of Attorney to Sell Parcel of Land ... such sale including any and all documents that may be necessary or required thereto and to deliver possession of the property to said vendee; 3. To receive the proceeds of the sale, either in cash or in check and to pay expenses ...

Does power of attorney need to be notarized in Philippines?

Jan 08, 2022 · In order to apostille the special power of attorney, it must first be signed and notarized. Please meet with a local notary public before you mail in your documents for processing. Here is an example of a Special Power of Attorney for the Philippines: Office Hours: Monday – Saturday 9am – 6pm Customer Support: 1-800-850-3441

Can you sell property with special power of attorney?

A Special Power of Attorney to Sell allows a person (the “agent”) to sell property on another person's behalf (the “principal”). The agent can sell the property specified in the power of attorney under terms he deems most beneficial to the principal.

What are the requirements to get special power of attorney?

How to get special power of attorneyThe name and address of the principal.The ID, physical address, and agent's details.A reason to get the SPA.Date and the place where one will sign that form.The principal's signature.The principal's name, identification number, and the ID expiry date.More items...•Apr 2, 2020

Is special power of attorney needs to be notarized?

A general power of attorney grants the agent the legal right to make all financial and legal decisions on behalf of the principal. ... A special power of attorney may need to be notarized to have legal authority.

How long does special power of attorney last in Philippines?

one yearHowever, the Special Power of Attorney is already expired as it is indicated in the document that its validity is only one year from the date of the sale of the property to my seller. How do I go about it?Jul 18, 2013

How do you process special power of attorney?

5 steps on how to process your Special Power of Attorney (SPA)Prepare SPA. Self-preparing. ... Notarize SPA. Have your SPA notarized by visiting Notary public.Authenticate SPA. By going to Official Document Services (ODS) and having your SPA authenticated.Consularize SPA. ... Send to the Philippines.

Who can issue a special power of attorney?

A special power of attorney is often carried out if the principal, for various reasons, is unable to execute the decisions independently. The principal can opt to create more than one special power attorney, delegating duties to different agents in each instrument.

How do you write a special power of attorney letter in the Philippines?

Step-by-Step Guide on getting a Special Power of Attorney in the PhilippinesSTEP 1: Prepare a SPA (you can use the format above) and print 4 copies on a long bond paper.STEP 2: Go to the lawyer's office and sign the document. ... STEP 3: Pay the fee and get your SPA notarized. ... Requirements:More items...•Jul 20, 2020

How long is a special power of attorney valid?

Once the power of attorney is invoked, it usually is irrevocable unless the principal regains their capacity to make decisions for themselves and can revoke the power of attorney; otherwise it does not expire until the principal's death.

What is difference between general power of attorney and special power of attorney?

A General power of attorney (GPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal). ... A Special power of attorney (SPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal).Mar 22, 2016

Is special power of attorney valid?

Keep in mind that the special power of attorney is only valid for the duration of your life. If you were to die, the special power of attorney (real estate) would be revoked. Your assets would then be managed according to the terms of your will or trust if you have one.Nov 1, 2021

How do I find out if a special power of attorney is valid?

The general rule is the Special Power of Attorney need not be notarized to be valid but the effect of the notarization of a private document like an SPA is to convert the said document into a public one and renders it admissible in evidence in court without further proof of its authenticity and due execution.Dec 17, 2020

Special Power of Attorney

You can prepare for your SPA or go to the nearest law office for a SPA. Edit the one below, and print 4 copies in a long-bond paper.

Step-by-Step Guide on getting a Special Power of Attorney in the Philippines

STEP 1: Prepare a SPA (you can use the format above) and print 4 copies on a long bond paper.

Consularized Special Power of Attorney

If you are a Filipino that is out of the country and wish to have a representative in the Philippines to do things on your behalf, you can go to the nearest Philippine Embassy and execute a SPA.

Step-by-Step Guide on getting a Consularized Special Power of Attorney Abroad

STEP 1: Check the Philippine Embassy’s website and find the form for a SPA. Print this and fill it up.

What is a special power of attorney?

A special power of attorney is a legal document appointing a specific representative (to be called an agent or attorney-in-fact) to act on behalf of another person who will be referred to as the principal. The special power of attorney authorizes your agent/attorney in fact to do specific acts and functions for you in the Philippines.

What is the phone number for Apostille?

Please call us at 1-800-850-3441. Click on the download image to your left to get started. Our apostille service is fast, convenient, and saves you time and money.

What is a power of attorney?

A special power of attorney is a legal document appointing a specific representative (to be called an agent or attorney-in-fact) to act on behalf of another person who will be referred to as the principal. The circumstances in which the agent can act on behalf of the principal are clearly laid out in the document.

What is a special power to mortgage?

A special power to mortgage that does not include the power to sell; A special power to compromise that does not necessarily authorize submission to arbitration. It simply means that if you have given your representative/agent a SPA to sell your property, the agent cannot mortgage your property and vice versa.

Can an attorney be a substitute for an agent?

Yes, a substitute may be appointed by the agent, provided he is not prohibited by the principal to appoint a substitute. However, please note that the attorney-in-fact shall be responsible for the acts of the substitute when:

Can a power of attorney be a thumb?

Yes, the Special Power of Attorney is valid as a thumb or another mark on a document is allowed in lieu of a signature 8 . For a SPA with thumb or another mark to be notarized, the thumb or other mark must be affixed in the presence of the notary public and of two disinterested witnesses.

Why is the SPA no longer valid?

The SPA is no longer valid because one of the modes of extinguishing the agency is the death of the principal (or the agent). However, the SPA will remain valid even after the principal’s death if it has been constituted (or created) in the common interest of the principal and the agent, or in the interest of a third person who accepted the stipulation in his favor 6.

What is an apostille?

An Apostille is a certificate that authenticates the origin of a public document.

Who is Kareen Lucero?

Kareen Lucero is a lawyer previously doing litigation before working for different agencies in the government and for a multinational corporation. She has traveled to 52+ countries including a 3-month solo backpacking in South East Asia and more than 1 year of solo traveling across four continents in the world. As part of giving back, she is passionate about sharing her knowledge of law and travel. She is currently doing consulting work for a government agency.

How to get a power of attorney in the Philippines?

Let’s go through all the steps: 1 Ask your representative in the Philippines to sign the Special Power of Attorney form. 2 Ask him/her to send you a copy of the form. 3 Once you receive the form, bring the document to the Philippine Embassy near you, along with the required documents for identity verification (refer to FAQ No. 3 of this article). 4 Take heed that as you submit the form to the Philippine Consular Office to have your consularized SPA, you provide the complete documents. Again, make sure that you call the embassy first before proceeding with the process, as they may require other documents aside from your passport (a copy of your passport, especially the date of arrival and departure page) and your SPA form. Make sure that you bring with you a government-issued valid ID as well. 5 Pay for the consularization and/or notarial fee. 6 Note: The regular processing may take 2-3 business days. 7 Go back to the embassy to obtain your Consularized Special Power of Attorney. 8 Send it back to the Philippines so that your representative immediate family member will be authorized to carry out the signing and other transactions on your behalf.

What is a notarized power of attorney?

A Notarized Special Power of Attorney is a SPA that is signed in the Philippines. It is typically signed by the OFW during his/her stay in the Philippines, but then the OFW won’t be able to carry out a transaction, such as the obtainment of a bank document, as he is due to go back abroad at an earlier date.

How old do you have to be to get a housing loan in the Philippines?

Bank Loans: Some banks in the Philippines offer housing loans to OFWs granted that they should not be more than 60 years of age (other banks allow up to 65) on loan maturity they accept auto-debit arrangements or you may opt to open savings or checking accounts here in the Philippines for Amortization Payments.

Who is an OFW in the Philippines?

As an OFW, it is only your immediate family members in the Philippines who are granted the authority to be able to carry out the transactions (e.g. document signing) in the Philippines in your behalf, so to speak, to be your legal representative. The immediate family members , as defined in the Philippine Constitution, include your spouse, children, parents, siblings, grandparents, and other family members related to you by consanguinity and affinity.

Is it illegal to falsify a document?

Yes, definitely. Forfeiture of any information is punishable by law. Under Article 172 of the Revised Penal Code, anyone who falsifies a document, through an imitation of other people’s handwriting, signature, or rubric, causing it to appear as if the person participated in the proceeding when they did not even participate, is punishable by imprisonment, which ranges from 2 years, 4 months, and 1 day up to 6 years. You would also be obliged to pay a fine of not more than ₱5,000.00.

When do you need an SPA?

Let us say you are in Canada and you’ve decided to sell real estate property that you own in the Philippines, but you do not want to travel. You can simply authorize your “tito” (uncle) or “tita” (aunt) to do the paperwork for you, all you have to do is execute an SPA.

Is an SPA always required if you need someone to do things for you in the Philippines?

Whether an SPA is required depends on the nature of things that needs to be done. You do not need an SPA if you want someone to buy “toyo” (soy sauce), “suka” (vinegar) or “patis” (fish sauce) for you. It is best to confirm with the persons or offices that you need to deal with in the Philippines.

Does the SPA need to be authenticated or consularized?

An SPA notarized in Canada will most likely need to be consularized or authenticated (or sometimes referred to as “red ribbon”) but it depends on the person, office, or institution you are going to deal with. It is always a good idea to have the SPA consularized before sending it to the Philippines to avoid wasting time and money.