Updated: Jun 12, 2022
On May 14, 2019, the Philippines became a member of the Hague Apostille Convention of 1961. Because of this change, documents presented in the Philippines no longer require the red ribbon or red seal from the Philippines Embassy or Consulate office. A Special Power of Attorney Apostille issued by the Secretary of State can now be accepted in the Philippines.
What Is A Special Power of Attorney?
A Special Power of Attorney, commonly known simply as a (SPA), is a legal document appointing a specific representative known as an agent to act on behalf of another person who is referred to as the principal. The Special Power of Attorney authorizes the appointed representative to perform specific acts and functions for the principle in the Philippines.
In order to Apostille a Special Power of Attorney, the document must be notarized, which means that it must be signed in front of a notary public. American Apostille & Notary Services offers remote online notary services which allow obtaining notarial services over the internet. This safe and convenient option is an alternative to physically meeting with a notary public.
General Power of Attorney vs. Special Power of Attorney
A General Power of Attorney and a Special Power of Attorney are two completely separate types of documents. A General Power of Attorney or GPA always confers a general power of performing while a Special Power of Attorney confers only a specific power to perform any particular act or task.
While a Special Power of Attorney grants an agent authority for a limited set of actions under a restricted set of circumstances such as buying or selling a home, withdrawing money from an account, or running a business - a General Power of Attorney is broader.
A General Power of Attorney grants the appointed agent the legal right to make all financial and legal decisions on behalf of the principal. An individual who will be out of the country for a year may grant an agent extensive powers to perform transactions such as personal and business financial transactions, bill payments, life insurance purchases, charitable donations, real estate management, and even the filing of tax returns.
Canceling a Special Power of Attorney for the Philippines
If you’ve granted specific authority to act on your behalf in the Philipines to someone using a Special Power of Attorney document, and you no longer want that person to hold that authority, you must take that authority away. This process is referred to as “revocation”. In order to revoke a Special Power of Attorney for the Philippines, a new document must be written and signed by you that specifies you no longer want your agent to act on your behalf.
The document should be titled "Revocation of Special Power of Attorney." This should be written at the center of the page in a larger text. Using bold text print makes the purpose of the document unmistakable.
On the document write "On [date], I [Your name], bestowed authority onto [your agent's name] in a document titled 'Special Power of Attorney (or whatever title applies).' I hereby revoke the powers granted to [agent's name]."
Present the document to a notary public to be signed in the notary's presence. Have the document notarized. Deliver the revocation document to your agent and also deliver copies of the document to people you’re aware have dealt with your agent. It’s also a good idea to consider publishing the notice in a local area newspaper. You should do this if your agent did considerable work for you and you are not sure how many people the agent has worked with.