How to Make a Special Power of Attorney Letter in the Philippines
In the Philippines, a special power of attorney (SPA) is a legal document that grants a person (the attorney-in-fact) the authority to act on behalf of another person (the principal) in specific legal or financial matters. This letter is essential when the principal is unable to perform certain tasks due to illness, absence, or other reasons. To ensure that the SPA is legally valid and enforceable, it is crucial to follow the proper steps in creating one. Here’s a guide on how to make a special power of attorney letter in the Philippines.
1. Understand the Requirements:
Before drafting the SPA, it is important to be aware of the legal requirements in the Philippines. The Special Power of Attorney Act of 1986 governs the creation and execution of SPA letters. Make sure that the principal and the attorney-in-fact are of legal age and have the mental capacity to enter into a contract.
2. Gather Necessary Information:
Collect all the necessary information that will be included in the SPA. This may include the full names and contact details of the principal and the attorney-in-fact, the scope of the powers being granted, and the specific transactions or legal matters that the attorney-in-fact will handle on behalf of the principal.
3. Draft the Letter:
The SPA letter should be clear, concise, and written in formal language. It should begin with the date of execution and a statement indicating that the principal is granting the attorney-in-fact the authority to act on their behalf. The following points should be included:
– The full names and addresses of the principal and the attorney-in-fact.
– A clear statement of the scope of the powers being granted, including specific legal or financial matters.
– Any limitations or conditions that apply to the powers granted.
– The duration of the authority granted, which can be for a specific period or until the completion of a particular task.
– A statement that the principal understands the implications of granting the power of attorney and is doing so voluntarily.
4. Notarization:
In the Philippines, the SPA letter must be notarized to be legally valid. This means that it must be signed in the presence of a notary public, who will then affix their seal and signature to the document. The notary will also verify the identities of the principal and the attorney-in-fact and witness the signing.
5. Witneses (if required):
In some cases, additional witnesses may be required to sign the SPA letter. This is usually the case if the principal is mentally incapacitated or if the transaction involves a significant amount of money. The witnesses must be disinterested parties and must also sign the document in the presence of the notary.
6. Execution:
Once the SPA letter is drafted, notarized, and witnessed (if necessary), it is ready for execution. The principal and the attorney-in-fact must sign the document in the presence of the notary and witnesses, if any.
7. File the SPA:
It is advisable to keep a copy of the SPA letter for your records. Depending on the purpose of the SPA, you may also need to file it with the appropriate government agency or court.
By following these steps, you can create a legally valid special power of attorney letter in the Philippines. It is important to consult with a legal professional if you have any doubts or concerns about the process to ensure that your SPA is properly executed and enforceable.
