As an OFW, there might have been circumstances when you have to sign or get a document in the Philippines, but you were not able to because you are working overseas. Moreover, it can be quite expensive going back to your home country to work on processing the documents, and then going abroad again to continue your work abroad.
There may have also been circumstances when you want to avail a bank loan in the Philippines – a home loan, car loan, or loans of that sort – but you cannot personally be there at the bank to carry out the transactions because you still have a contract to finish in the country where you are working in, and so you cannot go back to the Philippines yet.
In times like these, the option you have is to ask a family member in the Philippines to sign that document for you or to carry out the transaction for you. However, it is not that simple, for your family member will be required to obtain a Consularized Special Power of Attorney (SPA), so as to be allowed to go through the process of obtaining documents and signing them on your behalf.
Now, the question you might be thinking of now are,
What exactly is a Consularized Special Power of Attorney?
What makes it different from the regular Special Power of Attorney?
How do I obtain it even if am currently based abroad?
What are the requirements needed to get one? How much does it cost?
Don’t worry, this article would delve deeper into answering these questions. But that does not end there, as this article would also tackle all the other pertinent information you need to know about Consularized Special Power of Attorney, such as the step-by-step guide in obtaining a CSPA and all other questions you may have in mind about SPA. We hope this would help.
Step-by-step guide on how to obtain a Consularized Special Power of Attorney.
- Ask your representative in the Philippines to sign the Special Power of Attorney form.
- Ask him/her to send you a copy of the form.
- Once you receive the form, bring the document to the Philippine Embassy near you, along with the required documents for identity verification (refer to FAQ No. 3 of this article).
- Take heed that as you submit the form to the Philippine Consular Office to have your SPA consularized, you provide the complete documents. Again, make sure that you call the embassy first before proceeding with the process, as they may require other documents aside from your passport (a copy of your passport, especially the date of arrival and departure page) and your SPA form. Make sure that you bring with you a government issued valid ID as well.
- Pay for the consularization and/or notorial fee.
Note: The regular processing may take 2-3 business days.
- Go back to the embassy to obtain your Consularized Special Power of Attorney.
- Send it back to the Philippines so that your representative immediate family member will be authorized to carry out the signing and other transactions in your behalf.
Consularized Special Power of Attorney: Most Ask Question
1. What is a Consularized Special Power of Attorney?
A Consularized Special Power of Attorney is a document that gives authority to the tasked person to carry out the signing of documents (e.g., loans and contracts), receiving of bank loan proceeds, as well as the execution or the signing of contract of sale and deed of absolute sale on behalf of the client, in this case, the OFW.
2. What makes a Consularized Special Power of Attorney different from a Notarized Power of Attorney?
- Notarized Special Power of Attorney
A Notarized Special Power of Attorney is an SPA that is signed in the Philippines. It is typically signed by the OFW during his/her stay in the Philippines, but then the OFW won’t be able to carry out a transaction, such as the obtainment of a bank document, as he is due to go back abroad at an earlier date. Now, to legally allow his/her family member residing in the Philippines to finish that particular transaction on his/her behalf, what the OFW needs is a Notarized Special Power of Attorney. In an NSPA, what is needed is your signature, as an OFW grantor or executor of the Special Power of Attorney, plus a photocopy of your passport, including the arrival and departure stamps on the passport. The date of signing and notarization of the Notarized Special Power of Attorney must be within the date of your stay in the Philippines, as certified in the arrival and departure stamps of your passport.
An SPA doesnt signify ownership to the Attorney in Fact but only authorizes them on some aspects of documentation or receiving of property.
1. Special Power of Attorney (SPA)* – this document gives authority on all or some of the following in behalf of the client (OFW) in case he cannot stay here in the Philippines for a long period of time:
Sign Documents (Bank Forms – If Loaned and Contracts)
Receive Proceeds of Bank Loan – If Loaned
Execute and Sign Contract to Sell and Deed of Absolute Sale
2. Passport – photocopy of identification portion and arrival and departure stamps portions
3. Job Contract and payslips if any – Needed for bank loan purposes
4. Bank Statements – Needed for bank loan purposes
5. Marriage ContractOther Requirements may be required by some banks.
Some banks on the Philippines offer housing loans to OFWs granted that they should not be more than 60 years of age (other banks allow up to 65) on loan maturityThey accept auto debit arrangements or you may opt to open savings or checking accounts here in the Philippines for Amortization Payments. Some banks are now strict on allowing individuals to open a checking account. Please check on your bank of choice first.
- Consularized Special Power of Attorney
In contrast, a Consularized Power of Attorney is an SPA that is signed abroad. Unlike the Notarized Special Power of Attorney, where everything takes place in the Philippines – and therefore is less costly, a Consularized Special Power of Attorney (CSPA) document shall be brought to the nearest Philippine Consular Office or Embassy near your location to have it consularized. So in a sense, the CSPA is the equivalent of notarization here in the Philippines.
3. What are the required documents needed for my Special Power of Attorney to be Consularized by the Philippine Embassy?
When you submit the Special Power of Attorney, to have it consularized, to the Philippine Embassy near your location, you need to bring with you at least these two required documents: the Special Power of Attorney form and your passport. However, some Philippine Embassies may require you to bring additional documents, such as government-issued valid IDs, which is why it is advisable if you call the embassy first to clarify if there are other requirements needed.
Tip: You can use this link to search for the contact information of the Philippine Embassies or Consular Offices around the world: ph.embassyinformation.com
4. Where can I obtain the Special Power of Attorney form?
A typical Special Power of Attorney follows the following format, as shown in the link below: Legal_SPA-1.pdf You can download this and use it as your SPA form, but depending on where you are going to use the form, you must also appropriate the format to fit your objective, as to why you wish to grant a Consularized Special Power of Attorney to a representative in the Philippines. Furthermore, in the case of bank loans in the Philippines, there are some who use a particular SPA form. Just ask your immediate family member, who would also serve as your representative, to obtain a physical copy at the bank. To save your representative some time having to go to the bank, also try to search for SPA forms available online, which that particular bank is utilizing, though it is more advisable to secure a copy of the SPA form at the bank.
Moreover, some Philippine embassies have their particular SPA forms available and you can retrieve it online. Those based in Doha, Qatar who want to obtain an SPA form may use this pdf copy of SPA form: Special Power of Attorney (SPA)
5. Who are the ones eligible or authorized to be my representative or to be granted the Consularized Special Power of Attorney in the Philippines?
As an OFW, it is only your immediate family members in the Philippines who are granted the authority to be able to carry out the transactions (e.g. document signing) in the Philippines in your behalf, so to speak, to be your legal representative. The immediate family members, as defined in the Philippine Constitution, include your spouse, children, parents, siblings, grandparents, and other family members related to you by consanguinity and affinity.
6. How much does the Consularized Special Power of Attorney typically Cost?
How much the consularization would cost may vary depending on the country where the Philippine Consular Office is situated. And it may also vary depending on the purpose of consularization. Is the purpose of your SPA to consularize a contract of sale, deed of sale, or other sales that are related to the purchase of a real estate or property in the Philippines? Or is it to allow an immediate family member to serve as your representative in processing home loans, car loans, and other bank loans? The cost may vary depending on the purpose.
But typically, the consularization fee may cost you ₱1,500.00 – ₱3,000.00 or 30-60 USD, and is strictly on a payment by cash only.
The shipping process of the CSPA from Philippines to abroad, and from abroad back to the Philippines, is also another cost you must take into account. And generally, of course, the farther you are from the Philippines, the more expensive it will be.
7. I am residing in Canada and I have to collect some documents in the Philippines. Do you have any step-by-step guide which I can follow to obtain a Consularized Special Power of Attorney?
Below is a simple step-by-step guide on how to obtain a Consularized Special Power of Attorney. Note that this is applicable to whatever country you are residing in as an OFW, though you must also note that in submitting the Special Power of Attorney in the Philippine Embassy near you, they may ask you to bring other required documents for verification. So it is best to contact the embassy first before proceeding with the submission of SPA.
8. Can I be jailed if I forfeit the signature of my representative in my Consularized Special Power of Attorney form?
Yes, definitely. Forfeiture of any information is punishable by law. Under Article 172 of the Revised Penal Code, anyone who falsifies a document, through an imitation of other people’s handwriting, signature, or rubric, causing it to appear as if the person participated in the proceeding when they did not even participate, is punishable by imprisonment, which ranges from 2 years, 4 months, and 1 day up to 6 years. You would also be obliged to pay a fine of not more than ₱5,000.00.
So there you go, here are all the pertinent information you need to know about the Consularized Special Power of Attorney. If there is something more you are curious about, feel free to leave a comment below.