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Special power of attorney to sell or lease real property

An SPA to sell or lease a lot or house: the title number, area and Registry of Deeds, the lowest price, taxes and transfer of title, in the Philippine format.

How to fill in this special power of attorney

  1. 1Your full name (principal)
    e.g. Teodoro P. Villanueva
  2. 2Your civil status
    e.g. widower
  3. 3Your address
    e.g. Blk 4 Lot 22, Greenmeadows Subd., Brgy. Sta. Rosa, Lipa City, Batangas
  4. 4Attorney-in-fact's full name
    e.g. Maricel V. Ocampo
  5. 5Attorney-in-fact's address
    e.g. 15 Narra St., Brgy. Sabang, Lipa City, Batangas
  6. 6Title number
    e.g. Transfer Certificate of Title No. 087-2019004512

Selling land needs a special power

Under the Civil Code, an agent may sell or lease real property for more than one year only with a special power in writing. Without it, the sale is void. The Registry of Deeds, the BIR and the buyer's bank will all ask for the notarized SPA with the title number on it.

Name every act, plainly

An attorney-in-fact may do only what the SPA spells out. Offices refuse vague powers like "to transact all my affairs", so write each act the office will see — and the property, account or claim it is about.

  • Use full names exactly as they appear on IDs.
  • Name the property by its title number, the account by its bank and branch, the claim by its type.
  • Keep it to the acts needed; a narrower SPA is safer for the principal.

What to bring to the notary

The principal signs before the notary with a valid government ID. Bring two photocopies of the principal's and the attorney-in-fact's IDs, each signed three times — banks and government offices keep one.

If the principal is married

Conjugal or community property needs both spouses' consent to sell. Have both spouses sign as principals, or attach the other spouse's written consent.

Questions people ask

Can my attorney-in-fact sell to themselves?

Not without your express consent. Agents may not buy the property they are selling for the principal unless the principal agrees in writing. If that is your intent, say so in the SPA.

Does a special power of attorney need to be notarized?

For almost every use, yes. Banks, the Registry of Deeds, the BIR, SSS and Pag-IBIG accept an SPA only when it is notarized (or consularized or apostilled if signed abroad). The principal signs it in front of the notary with a valid ID.

What is the difference between an SPA and an authorization letter?

An authorization letter is enough for simple errands, like claiming a document. An SPA is a notarized paper for acts the law says need a special power — selling or leasing property, borrowing, settling claims — or whenever the office asks for one.

Can I cancel an SPA?

Yes. The principal may revoke it at any time with a notarized revocation, given to the attorney-in-fact and to every office that holds a copy. It also ends when the principal dies.

Is this legal advice?

No. It is the common Philippine format. For selling land, an estate, or a large amount of money, have a lawyer review it before signing.

This page explains common practice and is not legal advice. Offices set their own rules — when in doubt, call ahead or ask your notary or lawyer.