Monday, September 26, 2016

SPECIAL POWER OF ATTORNEY

Note:
These are only sample Special Power of Attorney format.  It could be subject to modifications to suit the purpose/s of its execution and requirements of the parties.  It is advisable that before an execution of any legal document, one must seek legal advice or assistance from a Lawyer.

A Special Power of Attorney is a form of Agency whereby a person binds himself to render specific/particular service or to do particular act/s in representation or on behalf of another (Principal), with the consent or authority of the latter. (Articles 1868 and 1876, Civil Code of the Philippines)
Under Article 1878 of the Civil Code, Special Powers of Attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion.
(*Special Power of Attorney authorizing a person to perform particular act/s.)


SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _______________, Filipino, of legal age, single/married to _____________,  likewise of legal age and resident of _______________________, do hereby APPOINT my husband, as my true and legal representative to execute and perform all or any of the following acts, deeds, matters and things, in connection with the issuance of my Transfer Certificate of Title, to wit:

       1.   To receive for and in behalf of the undersigned the Deed of Absolute Sale/Transfer Certificate of Title from _______________________________ regarding a property located at _______________________________________________________;

      2.  To sign for and in behalf of the Principal documents necessary and  indispensable for the release of said TCT; and

             3.   To perform such acts necessary for the subject undertaking.

HEREBY GIVING AND GRANTING unto said Attorney-In-Fact full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing powers, as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution and revocation, and hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _________ 2015, in __________________.

___________________________
Principal

Conforme:


__________________________
Attorney-In-Fact


Signed in the Presence of:

___________________________      __________________________

ACKNOWLEDGMENT
Republic of the Philippines)
_____________                          ) Sc.

     
BEFORE ME, a Notary Public for and in Municipality/City of ______________, personally appeared and exhibited their respective Government Identification Cards:

NAME
Government Issued-ID
Date and Place of Issuance







known to me and to me known to be the same person who executed and acknowledged to me that the same is their voluntary act and deed.

This instrument refers to a Special Power of Attorney consisting of ____ pages including this page and the same is signed on each and every page thereof and by the instrumental witnesses.

      WITNESS MY HAND AND SEAL this (date)   at  ______________.



NOTARY PUBLIC

Doc. No _____;
Page No. ____;
Book No. ____;
Series of 2015.




(*Special Power of Attorney authorizing a Lawyer to represent the client in a case.)



SPECIAL POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS:

          I, _______________________________________________  , Filipino, of legal age, and a resident of ________________________________________, do hereby appoint ___________________________________, of legal age, Filipino and with office address at _____________________________________________, to be my lawful Attorney-in-Fact for and in my name, place and stead and for my own use and benefit, to do and perform any or all of the following acts and things, to wit:

a.    To be my Legal Counsel in all legal proceedings, judicial and administrative proceedings in a case entitled: __________________________________________ before the ________________________;

b.   To institute legal actions, (if necessary), to sign  Certification Against Non-Forum Shopping, Verification and other pleading and legal documents;

c.            To attend and act as legal representative in Mediation and Judicial
Dispute Resolution (if applicable), to negotiate, conclude and enter into agreements or compromise settlements; and

d.            To perform such acts necessary for the accomplishment of the foregoing
acts

Said Attorney-in-Fact is hereby expressly authorized and empowered to delegate to any person who may exercise in her stead, any or all of the powers and authority herein granted, or substitute any person in his place or stead to do and perform for us the said power and authority.

          GIVING AND GRANTING unto the above-mentioned Attorney-in-Fact full power and authority to do and/or cause to be done any and all other acts and deeds as may be necessary or incidental and purposes as I might or could if personally present, hereby notifying and confirming all that my said Attorney-in-Fact, shall lawfully do or cause to be done by virtue of these presents.

         
          IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _________ 2015, in __________________.

________________
Principal


Conforme:


_______________________________
Attorney-in-Fact



Signed in the presence of:



_______________________                              ______________________




ACKNOWLEDGMENT
Republic of the Philippines)
_____________                          ) Sc.

     
BEFORE ME, a Notary Public for and in Municipality/City of ______________, personally appeared and exhibited their respective Government Identification Cards:

NAME
Government Issued-ID
Date and Place of Issuance







known to me and to me known to be the same person who executed and acknowledged to me that the same is their voluntary act and deed.

This instrument refers to a Special Power of Attorney consisting of ____ pages including this page and the same is signed on each and every page thereof and by the instrumental witnesses.

      WITNESS MY HAND AND SEAL this (date)   at  ______________.



NOTARY PUBLIC

Doc. No _____;
Page No. ____;
Book No. ____;
Series of 2015.




1 comment:

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