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.
