Special power of attorney philippine consulate new york

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. The same goes if you are buying a condominium in the Philippines but does not have time to travel for the signing of purchase documents or bank loan application. Generally, you must execute an SPA if you need someone else to deal with your real estate property in the Philippines.

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. As a rule of thumb, if you are dealing with private corporations (such as property developers, schools, or banks) and government offices (like SSS, GSIS, PAG-IBIG or LTO), you will likely need an SPA. If in doubt, it is better to have an SPA for important transactions.

Here are some examples of when you might need an SPA for the Philippines:

• Having someone accompany your minor child to apply for passport application;
• Having someone file a court case on your behalf;
• Having someone apply for a loan or claim funds on your behalf; or
• Having someone obtain your school transcript of records.

Tell us about your legal matter, and we’ll tell you how we can help.

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.

What does “authenticated” or “consularized” mean?

It is a process by which your SPA (or any legal document) executed abroad is made valid for use in the Philippines. For example, if your SPA was executed in any of the provinces or territories of Canada by a notary public (or a commissioner for taking oaths), it needs to be authenticated or consularized so that it can be used in the Philippines.

If the SPA was signed in front of notary public in Ontario, it is valid in Ontario but not necessarily valid in the Philippines. That is why it needs to undergo the authentication or consularization process. The Philippine Consulate General and Philippine Embassy in Canada will verify whether the person who notarized your SPA is duly authorized to do so.

You can prepare the SPA and have it consularized by yourself. Simply follow the instructions of the Philippine Consulate General of your choice.

Here are the links to their websites for more information:

Philippine Consulate General Toronto, Canada
Philippine Consulate General Vancouver, Canada
Philippine Consulate General Calgary, Canada

November 9, 2022

Please be advised that the application desk of Certification section of the Ministry of Foreign Affairs (Tokyo headquarters) continues to be closed until further notice. Please apply and receive certificates both by post.

• Download application form
• Download a sample of power of attorney
• Obtain application forms by FAX
• Obtain application forms by mail

Download application form

You can download, print and use the application forms (PDF or Excel) from the links below (please make copies if you need multiple forms). The application forms for an authentication (of official seals) and an apostille have different formats. Please make sure to obtain the correct application form.

AUTHENTICATION (OF OFFICIAL SEALS)

APOSTILLE

Download a sample of power of attorney

The power of attorney is necessary for an application through a representative. There is no fixed format for the power of attorney. Please prepare a power of attorney using the sample below.

Sample of power of attorney

• ENGLISH（PDF）
  

Obtain application forms by FAX

(Note)This service will be discontinued by the end of February 2023

By accessing the fax system of the Ministry of Foreign Affairs using your fax telephone set, application forms and information on the mail application will be sent to your fax telephone set.
(Note) Please follow the automatic audio guidance.

How to access to the fax system of the Ministry of Foreign Affairs

Phone 03-5501-8490 (24 hours)

ID numbers

41160 (English version: One application form for authentication, one application form for an apostille, one information sheet on the mail application procedure)
41170 (Spanish version: One application form for authentication, one application form for an apostille, one information sheet on the mail application procedure)

Obtain application forms by mail

Please send a note indicating the destination country (countries), types of necessary application forms (application form for authentication or application form for an apostille) and the number of necessary copies (there is no fixed format for the note), and a self-addressed return-mail envelope with an attached 84-yen stamp to the headquarters of the Ministry of Foreign Affairs (Tokyo) or Osaka Liaison Office. We will send the necessary application forms.

• Address of the headquarters of the Ministry of Foreign Affairs (Tokyo)
• Address of Osaka Liaison Office

How much is the notarial fee for special power of attorney?

Where can I get a special power of attorney?

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

Can US power of attorney be used in the Philippines?