# What Is a Special Power of Attorney (SPA)? Definition, Uses, and Notarization


A **Special Power of Attorney (SPA)** is a notarized document by which a person (the principal) authorizes another person (the agent or attorney-in-fact) to perform specific acts on their behalf. Unlike a general power of attorney, an SPA is limited to the specific acts and transactions named in the document.

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## When an SPA Is Required

Under Philippine law (notably Article 1878 of the Civil Code), an SPA is required for important acts that the agent cannot perform under a general authority alone. Common examples:

- **Selling, mortgaging, or leasing real property** for more than one year
- **Receiving payment** of money owed to the principal
- **Filing or settling lawsuits** on behalf of the principal
- **Withdrawing or transacting** on bank accounts
- **Claiming benefits** -- SSS, GSIS, Pag-IBIG, insurance, pensions
- **Processing government documents** -- title transfer, BIR clearances, LTO transactions
- **Representing the principal** in corporate or partnership matters
- **Marrying** by proxy (limited cases)

Because SPAs typically grant authority to dispose of property or claim money, they require an [acknowledgment](/glossary/acknowledgment/) before a notary public -- not a [jurat](/glossary/jurat/).

## Required Contents of an SPA

A valid Philippine SPA generally includes:

1. **Principal** -- full name, citizenship, civil status, address, [competent evidence of identity](/glossary/competent-evidence-of-identity/)
2. **Agent / attorney-in-fact** -- full name and address
3. **Specific powers granted** -- enumerated, not blanket "to do all acts"
4. **Property or transaction** described with reasonable detail
5. **Effective date and term** (or "until revoked")
6. **Acknowledgment** before a notary public

Banks, the LRA, the BIR, and the SEC each have additional formatting expectations -- some require the SPA on their own template.

## SPAs for Overseas Filipinos

[Overseas Filipinos](/solutions/ofws-and-overseas-filipinos/) are among the heaviest users of SPAs -- to authorize family to sell land, claim benefits, manage bank accounts, and settle estates back home. Historically, this required visiting a Philippine embassy or consulate for [consularization](/glossary/consularization/), or paying for [apostille](/glossary/apostille/) in countries party to the Apostille Convention. Under [A.M. No. 24-10-14-SC](/glossary/am-no-24-10-14-sc/), an OFW can now execute an SPA via [remote electronic notarization (REN)](/glossary/remote-electronic-notarization/) directly with a Philippine [electronic notary public](/glossary/electronic-notary-public/) -- no embassy queue required.

## SPAs Under E-Notarization

Through an [SC-accredited Electronic Notarization Facility (ENF)](/glossary/electronic-notarization-facility/):

1. The principal uploads the SPA as PDF/PDF-A
2. The principal verifies identity via multi-factor authentication
3. The principal appears before an [electronic notary public](/glossary/electronic-notary-public/) (in person or by videoconference)
4. The principal acknowledges the SPA as their voluntary act
5. The principal applies an [electronic signature](/glossary/electronic-signature/)
6. The notary applies the [electronic notarial seal](/glossary/electronic-notarial-seal/)
7. The certified PDF is delivered, sealed, and recorded in the SC's [notarial database](/glossary/notarial-book/)

Average upload-to-certified-PDF on NotarialOS is roughly 15 minutes.

## Risks and Safeguards

SPAs are powerful documents and a frequent target of fraud -- particularly forged SPAs purporting to come from OFWs. Safeguards include:

- Limiting the powers granted to the specific transaction at hand
- Specifying a clear effective period
- Including a revocation date
- Verifying the SPA's authenticity with the issuing notary or, for e-SPAs, the SC [notarial database](/glossary/notarial-book/)
- Preferring [e-notarization](/glossary/e-notarization/) over wet-ink SPAs because of the cryptographic [audit trail](/glossary/document-audit-trail/) and stronger [identity verification](/glossary/competent-evidence-of-identity/) -- see [SC rulings on fraudulent notarial seals](/sc-rulings-on-fraudulent-notarial-seals-and-signatures-shows-why-e-notarization-is-the-future/)

## Related Terms

- [Acknowledgment](/glossary/acknowledgment/)
- [Notary Public](/glossary/notary-public/)
- [Apostille](/glossary/apostille/)
- [Consularization](/glossary/consularization/)
- [Remote Electronic Notarization](/glossary/remote-electronic-notarization/)

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[NotarialOS](https://notarialos.com) is a leading SC-accredited Electronic Notarization Facility -- execute Philippine SPAs in roughly 15 minutes, including from overseas.