Mar 5, 2009

Special Power Of Attorney From US To The Philippines

When I left Philippines, I also left some properties that were under my name such as my house where my parents are living in right now. It is located in Cagayan de Oro City and now my parents wants to move back to Davao City, where our hometown is. So, we decided to just sell the house in Cagayan de Oro. But since I won't be able to do it myself cos I'm in the US right now, I issued a Special Power of Attorney for my parents to give them the right to sign in my behalf.

Philippine Government implemented a rule for documents that are executed, signed or issued in the United States and intended to be used or presented in the Philippines must bear a consular notarization or authentication, as the case may be, in order for such documents to be accorded legal effect in the Philippines. Examples of these documents are Special Powers of Attorney, General Powers of Attorney, Affidavits, Deeds, Contracts, Assignments, Letters of Patent, Articles of Incorporation, Certificates of Birth, Marriage or Death and other official documents issued by U.S. authorities within the Consulate's jurisdiction.

And this is how I did mine after I got my Special Power of Attorney (thanks to my mother-in-law's boss who's an attorney):

1. Went to the Notary Public to have the SPA notarized for $5.00 per sign. You need to have two witnesses aside from the notary public to sign on the document. In my case, I only have my husband with me, so we asked someone from the notary public's office to perform as a witness.

2. Brought the notarized SPA to the County Clerk to certify the official authority of the Notary Public to perform notarial functions for $24.00 (5 copies). In my case, I went to the Notary Public in our County Office so I had the notarization and certification all in one place. County Clerk kept one copy but it said that it will be sent back to us within two weeks.

3. Sent the notarized and certified SPA to the Philippine Consulate in Los Angeles cos we are under their jurisdiction. Click here to see all Philippine Consulates in the US, their address, contact numbers, and jurisdictions. Along with the SPA is a cashier's check worth $31.00 ($25.00 for the Authentication fee and $6.00 for return shipping). They'd also accept postal money order.

After a week, I have my authenticated SPA back and ready to be sent to the Philippines. Kudos to the Philippine Consulate General in LA and it's subordinates for a prompt service. I am so pleased by how quick it was. I also appreciate the immediate response I received through E-mail [Office of the Legal Officer: (213) 637-3004 | legal_pcgla@earthlink.net] though it was disappointing to call them cos with almost 50 calls I made to them, I was only answered once. It will bring me to a voice mail that seems to be full cos it won't let me leave a message at all. That's why I ended up contacting them through E-mail which satisfied me by any means.

I am glad to share these experienced here as a way to help those who would go through the same process. If you have any questions, please don't hesitate to leave a comment on this post or on any part of this blog and I'd try my best to answer them.

Beauty of Life

19 comments:

  1. Hi Jona,

    Thanks for sharing your very informative experience. Right now I'm having almost the same delimma in the Philippines and your information helps me a lot. God Bless and Mabuhay!!!

    Norma of San Francisco

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  2. Does this apply to naturalized US citizens or permanent residents who have maintained their Filipino citizenship?

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  3. Yes, even if you're not a Filipino citizen.

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  4. Thank you for your quick and very helpful response.

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  5. If married is your spouse required to sign the SPA as a witness or can you have any 2 other witnesses if your spouse is out of the country?

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  6. i came across your post. so far it enlightened me. we need to get affidavit of non-employment notarized in SFO (where the person actually lives). i wonder what requirements will they need for us to get this? thnks
    /pearl

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  7. Hi Jona,

    Thanks for this post. Just want to ask if in your SPA, you put your name with your married name already? Will that have an effect if your property in the Phils. is still under your name when you were single? Also, since you are married, does the husband need to be included in the SPA like for instance a consent signature that you are selling the property (even though technically you acquired that property when you were still single)...I'm in the same boat as you are but I was planning to go to San Francisco consulate directly and just so frustrated calling their office because nobody answers. I was hoping I can ask these questions so I'll be ready with the documents when I go there. Thanks and I hope you'll be able to enlighten me more. Keep blogging! / Jenn from Sac

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  8. Great tip especially for those who are unable to process their legal papers overseas.

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  9. Hello. After several calls, someone did answer and the consulate in LA said the spouse does not need to sign the PA.

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  10. Hi thanks for this. I have called and emailed the embassy in Washington and consulate in Miami and Atlanta got no response. Were your parent's signature required on the spa before you had it notarized? Or was yours only needed? Was this a "spa for foreign use"? Because my lawyer said they can't prepare it because they don't know Philippine law.

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  11. Hi, good post! Did you send your passport or any government ID with the SPA? I think the Consulate in San Francisco needs an original ID. Thank you.

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  12. Thanks for sharing your experience with us Jona!I'm glad that I have the best Philippine attorney for my SPA!

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  13. Hi Jona,
    Do I need to go to the county clerk or can I just get it notarize then send it over to San fran?

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  14. Hi Jona, tnx for d info, but may i ask for the address of the county clerk and name of the office ?

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  15. My friend's family is selling land in the Philippines that was left to her and her bother/sisters after her mom's death. She cannot travel to the Philippines or the embassy right now. The process you described is a perfect solution. How detailed does the property describtion need to be? Is there somewhere you can get a list of embassy fees? Please advise. Thank you.

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  16. Just read your blog. We are in a little bit of a situation. My 80 yr old mother has worked and lived in the US since the early 80's. She is a naturalized US citizen and a recently has re-acquired her Filipino citizenship. She now lives in the Philippines. My question: does the 2 Power of Attorneys (Healthcare and Financial) we have for her here in the USA be applied to the Philippines (aka as her financial POA, can I sell her house, car and belongings in the Philippines; can I make decisions on healthcare in the Philippines when she becomes incapacitated)? Thank you in advance.

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  17. Please help! My cousin,who will assign me as his attorney-in-fact is an American citizen, but a Filipino already lives in Delaware. Now,he has a property (inheritance) here in the Phil and he wants to sell it. One of the requirements i've read to have it authenticated by consulate is a Phil passport and govt issued ID ib the Phil. But my cousin,does't have any of these. What to do? Is it still possible for him to issue a SPA to me? Thank you!

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  18. HELLO,
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  19. What if viceversa, an spa from Philippines can be accept in us

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