Special Power of Attorney for the Philippines from the US: Apostille or Consulate?

If you're in the US and need a Special Power of Attorney (SPA) for use in the Philippines, you have two valid options. Sign it before a US notary and get an apostille from the state where it was notarized, or sign it in person before a Philippine consular officer at an embassy or consulate. Since the Philippines joined the Apostille Convention on May 14, 2019, the old red ribbon is gone. You need one route or the other, not both.

Option 1: US notary plus a state apostille

This is the route for most people, because it doesn't require a trip to a consulate.

• Prepare the SPA, but don't sign it yet.

• Sign it in front of a US notary public, who completes the notarial certificate.

• Get the apostille from the state where the notary is commissioned. That's usually the state you signed in, not necessarily the state you live in.

• Send the original, with the apostille attached, to your attorney-in-fact in the Philippines.

A few states add a step before the apostille, where a county clerk or court first verifies the notary's commission. Once the apostille is attached, the Philippine consulate has no further role. Consulates no longer authenticate documents from Apostille countries.

Option 2: Sign before a Philippine consular officer

Philippine embassies and consulates in the US notarize SPAs for use in the Philippines. A document notarized this way doesn't need an apostille.

• Book an appointment. Every signer has to appear in person.

• Bring the SPA unsigned. You sign it in front of the consular officer.

• Bring a valid photo ID that shows your signature and full name, plus photocopies. The consulate uses the name on your ID, so make sure it matches the name in the SPA.

• If the form needs a witness, bring your own. The consulate doesn't provide one.

• Expect to pay a per-document fee and to receive the document back by mail.

One catch: the Embassy in Washington won't notarize a document that a US notary has already notarized. Choose your route before anyone signs.

Which route to choose

• You live near a Philippine consulate and can get an appointment: consular notarization is a clean option.

• You're far from a consulate, can't wait for an appointment, or need several documents done together: a US notary plus apostille is usually faster and simpler.

• The SPA is for something other than the Philippines: neither consular route applies. A consular notarization is only valid in the Philippines.

Details to get right before you sign

• Name the specific acts. An SPA gives authority for particular acts, such as selling a specific property, signing a specific loan, or claiming a specific benefit. Philippine banks and registries look for that specific authority.

• Match your name exactly across the SPA, your ID and the notarial certificate.

• Include photocopies of your ID showing your signature. Philippine offices commonly ask for them with an SPA.

• Don't sign in advance. Whether it's a notary or a consular officer, you sign in front of them.

If the SPA is for a property sale, read our guide on a Special Power of Attorney for Philippine real estate first. Whether you can own land in the Philippines affects what the SPA can do. If you're reacquiring citizenship, see our guide to RA 9225 dual citizenship documents.

Handing it off

We handle the apostille route for SPAs signed in any US state. We review your SPA before you sign, tell you exactly how to sign it so it's accepted, get the apostille from the right state, and ship the original by FedEx directly to your attorney-in-fact in the Philippines. You pay after it's done. Email jared@apostillellc.com or call 848-467-7740. See also our power of attorney apostille page.