How to Create a Philippines Property Power of Attorney as a U.S. Citizen

This guide is designed to help Filipino-Americans, investors, overseas Filipinos, and non-Filipino U.S. citizens legally delegate authority to manage, sell, lease, or purchase real estate in the Philippines

🇵🇭 How to Create a Philippines Property Power of Attorney as a U.S. Citizen

📘 What Is a Power of Attorney (POA) in the Philippines?

A Power of Attorney (POA) is a legal document that allows a person (the Principal) to authorize another individual (the Attorney-in-Fact or Agent) to act on their behalf in legal, financial, or property matters.

When related to property in the Philippines, a POA is commonly used to:

• Buy or sell property

• Lease property

• Apply for land titles or register deeds

• Manage rental properties

• Pay property taxes or fees

In the context of a U.S.-based principal, the POA must go through authentication or apostille processes to be recognized as valid in the Philippines.

🧾 When Is a POA for Property in the Philippines Needed?

You need a POA if you:

• Are living in the U.S. and need someone to handle property affairs in the Philippines

• Are selling or buying property in the Philippines but can’t travel

• Need a relative or lawyer in the Philippines to sign documents on your behalf

• Are managing inherited property remotely

• Need to process a land title, tax declaration, or deed transfer

🏠 Use Cases for Property POA in the Philippines

📋 Types of POA in the Philippines

1. Special Power of Attorney (SPA) – Specific acts only (e.g., sell one property, sign one lease)

2. General Power of Attorney (GPA) – Broader authority, such as managing all legal and financial affairs, including property

👉 For real estate matters, a Special Power of Attorney (SPA) is required by Philippine law for acts like selling, buying, leasing, or mortgaging property.

📚 See Article 1878 of the Philippine Civil Code:

🔗 https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

📌 Step-by-Step: How a U.S. Citizen Can Create a Valid POA for Use in the Philippines

Step 1: Draft a Special Power of Attorney (SPA)

You may use a template or hire a lawyer in the Philippines to draft it. The SPA should clearly include:

• Full name and address of the Principal (you)

• Full name and address of the Attorney-in-Fact (person acting on your behalf)

• Specific powers granted (e.g., to sell, lease, or manage property at a particular location)

• Property description (lot/block, title number)

• Date, place of execution

• Your signature

📥 Sample SPA template:

🔗 https://www.philippinenotary.com/power-of-attorney-sample/

You may also consult a Philippine attorney remotely.

Step 2: Sign and Notarize the POA in the U.S.

Once drafted:

1. Sign the document in front of a U.S. Notary Public

2. Ensure it includes the notarial acknowledgment section

3. If notarized by a California notary (or any U.S. state), the next step is authentication

Step 3: Apostille the POA Document (For Use in the Philippines)

Since the U.S. and the Philippines are both parties to the Hague Apostille Convention, you do not need consular authentication. You only need to apostille the notarized document.

Steps to Apostille a U.S. Notarized POA:

• Submit the notarized document to your Secretary of State’s Apostille office

Example:

🔗 California Apostille Info

• Pay the required fee (usually $20–$26 per document)

After apostille, the document is ready for use in the Philippines.

📚 Learn more:

🔗 U.S. Apostille Process – travel.state.gov

Step 4: Send the Apostilled POA to the Philippines

Mail or courier the original apostilled POA to your authorized representative in the Philippines.

Pro tip: Use DHL, FedEx, or LBC Express for reliable international shipping.

Step 5: Your Attorney-in-Fact Presents the POA in the Philippines

Once your Attorney-in-Fact receives the document, they can use it to:

• Sign contracts, lease agreements, or deeds of sale

• Register transactions with:

• Register of Deeds

• Bureau of Internal Revenue (BIR)

• Local Assessor’s Office

• City or Municipal Hall

The POA may be submitted to:

• Registry of Deeds – for property transfer or title work

🔗 https://www.lra.gov.ph/

• BIR – for tax clearance and capital gains tax

🔗 https://www.bir.gov.ph/

• Municipal or City Assessor – for transfer of tax declaration

🔗 https://www.gov.ph/services/tax-declaration-transfer/

📎 What Must Be Included in a Property SPA?

• Specific mention of authority to sell, lease, manage, mortgage, etc.

• Description of property title or location

• Duration or validity of SPA

• Signatures and notary acknowledgment

• Apostille certification (for international use)

⚠️ Important Notes & Legal Tips

• You cannot sell real estate in the Philippines using a General Power of Attorney — a Special Power of Attorney (SPA) is required by law

• The SPA must be:

• Notarized in the U.S.

• Apostilled by the U.S. Secretary of State

• If the property is jointly owned, all owners must sign separate SPAs

• The Attorney-in-Fact cannot transfer property to themselves unless this is explicitly stated (conflict of interest clause)

🧑‍⚖️ What About Non-Filipino U.S. Citizens?

Non-Filipino U.S. citizens can use a POA to manage or lease property they legally own (e.g., through a condominium or corporation). However, foreign nationals cannot own land in the Philippines.

📚 Reference:

🔗 Philippine Foreign Ownership Laws – Chan Robles Law Library

🔗 Summary of Useful Links

📞 Final Advice

Creating a valid Power of Attorney for Philippine property as a U.S. citizen is absolutely possible with the right documentation. To ensure accuracy and compliance, you may:

• Consult a Philippine lawyer

• Use a Philippine consulate or embassy for advice

• Get your document notarized and apostilled properly

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