The Power of Attorney in Philippines is a useful tool, but it must be prepared carefully. For high-value transactions or documents signed abroad, we recommend legal review before execution. Our team can help if you need this kind of legal document. They can also help youset up a company in Philippines.
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What is a general Power of Attorney?
This type of form grants authority to the agent on a more general level, generally in the context of management or administering such an area. General agent only acts of administration under the Civil Code in the Philippines.
General Power of Attorney as applied to the Philippines could be necessary in the following cases:
- paying bills or taxes;
- managing property;
- collecting documents;
- dealing with regular administrative matters,
- calling offices or institutions after the fact.
What is special Power of Attorney?
One or more specific acts are dealt with using special Power of Attorney. You can use such a document in the following circumstances:
- you want to sell a piece of land, a condominium unit or a house;
- you seek to obtain a transfer of property through a representative;
- you are required to execute a deed of sale;
- you must mortgage a property;
- you have to receive large sums of money;
- you deal with banks;
- you represent the principal in court or administrative proceedings;
- you have to process inheritance or estate matters;
- you want to handle company or business transactions with specific authority.
Does a Power of Attorney need to be notarized in the Philippines?
Yes, especially when it will be used for:
- banks;
- government offices;
- courts;
- schools;
- property developers;
- the Register of Deeds;
- private institutions etc.
Notarization is to demonstrate that the principal in person was identified, signed or acknowledged the document voluntarily.
Can you electronically notarize a Power of Attorney in the Philippines?
Yes, electronic notarization rules approved by the Supreme Court exist. These rules provide supplemental to the classic Rules on Notarial Practice that are related to the electronic notarization of electronic documents by:
- in-person electronic notarization, where the individual arrives in front of the Electronic Notary Public;
- remote electronic notarization or by videoconferencing in which the individual is represented remotely.
The electronic notarization rules do not apply to paper documents with either a handwritten signature or handwritten marks.
What documents do you need for a Power of Attorney in the Philippines?
The documents applicable are based upon purpose and the venue of signature. In most cases, you will need:
- the Power of Attorney document, either a General Power of Attorney or a Special Power of Attorney;
- the principal’s valid ID, as it is used by the Authority;
- the attorney-in-fact, or the individual who shall act on behalf of the principal;
- copies of an attorney-in-fact’s ID, as necessary, such as by the bank, office or institution;
- supporting documents related to the transaction.
In cases where the Power of Attorney is signed in the Philippines, the principal generally appears before a notary public with the document and a valid ID.
A document that is signed abroad for use in the Philippines may need to be:
- notarized or acknowledged before a Philippine Embassy or a Philippine Consulate;
- or notarized locally and apostilled wherever the country accedes to the Apostille Convention.
Our lawyers can assist you with the preparation and review of a Power of Attorney in the Philippines, depending on the purpose of the document and the authority you want to grant. Contact us now!