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How to Get a Consularized Special Power of Attorney

Being an Overseas Filipino Worker (OFW) can mean many different things. To some, it means the opportunity for a better source of income and better life for their families. To others, it means being unable to share in the life events of loved ones. For a few others, it simply means distant living, long-distance relationships, and of course, long-distance planning and preparation for events that are all set for later on in life.

For instances if you are an OFW who wants to avail a loan to make a home or a car purchase in the Philippines in preparation for the better future you envisioned, but cannot go back to the country and appear at the bank for the transactions, signing over a Consularized Special Power of Attorney (SPA) to a family member in the Philippines will allow that relative to obtain or sign documents on your behalf.

SPA-sign

Photo credit: Pixabay

What is a Consularized SPA?

A Consularized SPA is simply a Special Power of Attorney executed and signed abroad, at the Philippine Embassy of the country where the requesting OFW resides, to authorize an immediate family (children, spouse, parents, or grandparents) to be a representative in the Philippines to obtain or sign documents on his behalf.

While it can be used to assign someone to fulfill legal transactions on behalf of the requesting OFW, a Consularized SPA has limited powers and duties. It can allow an assigned person to sign documents on your behalf, but this person may not sell your properties and assets. It may also come with a specific period of validity or may be revoked any time the requesting party desires.

Requirements in getting a Consularized SPA

To process a request for a Consularized SPA, the following requirements must be prepared:

  • Photocopy of the first and last page of the Philippine passport
  • Valid Philippine-issued government ID (if passport is not available, though some requires both ID and passport)
  • Personal appearance
  • Two witnesses (both should be of legal age and available for personal appearance at the Embassy during the execution of the SPA)
  • Valid IDs of witnesses
  • Notarial fee (amount varies per country)

Step-by-step guide to getting a Consularized SPA

  • Have the relatives (the person to be assigned) in the Philippines to prepare the SPA and sign it, then get the witnesses to sign it and have it notarized.
  • Once the SPA prepared, cfilled out, and notarized, have it sent to the country where the requesting OFW is currently residing.
  • Once received, have two witnesses go with you (the requesting OFW) to the nearest Philippine Embassy.
  • Submit the required documents and sign the papers at the embassy.
legal-document-sign

Photo credit: Pexels

If everything goes well and no issues or missing documents were noted, you will be advised to pay the consularization fee (it varies but can range from Php 1,500 to Php 3,000) plus an additional fee for the courier services. It can take about three days to process, and once released, you can send it back to the Philippines for its intended use.

How to revoke a Consularized SPA

Even a Consularized SPA can be revoked anytime, should the requesting OFW desires. To do so, just write a new document entitled ‘Revocation of Special Power of Attorney’. This should state that you no longer want to be represented by the assigned representative. Have it signed and notarized and it will be effective immediately.

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