A power of attorney is a legal document that is used to give legal authority to someone

else to make decisions or do certain things on their behalf. The person who signs the
Power of Attorney (gives up the authority) is called the Principal, and the person who is
given the authority is called the Agent.
Who can execute Power of Attorney?
Any natural person having the capacity to contract may execute a power of attorney.
When Power of Attorney be executed?
If a person is not able to act on his own behalf due to mental or physical
incapacity, an agent may be called upon and execute power of attorney.
Types of Power of Attorney
A General Power of Attorney grants the agent the legal right to make all personal,
business and legal decisions on behalf of the principal. May give an agent extensive
powers to carry out transactions.

A Special Power of Attorney means legally authorizing another person, called an agent
or an attorney in fact, the right to act on behalf of another person, known as the
principal, under specific, clearly laid-out circumstances. This type of power of attorney is
limited to what has been laid out in the signed document.

When is a Special Power Necessary? (ART. 1878 NCC)

1. To make such payments as are not usually considered as acts of administration;

2. To effect novation;

3. To compromise, to submit questions to arbitration, to renounce the right to appeal

from judgment, to waive objections to the venue of an action or to abandon a
prescription already acquired;

4. Waive an obligation gratuitously; to Lease any real property to another person for
more than one year;

5. Ownership of an immovable is transmitted or acquired either gratuitously or for

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 principal as 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.

Contents of a Power of Attorney

Title and Type of Power of Attorney. A power of attorney may be general or special.
Principal and Agent (Attorney-in-Fact). A Power of Attorney must contain accurate
information about the legal identities of the principal and the agent. Other information
such as age legality, citizenship, and postal address must be included.
Specific Powers Granted (Special Power of Attorney). One of the most important
sections of a Special Power of Attorney is the detailed list of all the specific powers
granted to the agent. Stating the powers in a general manner however could
inadvertently allow the agent to undertake actions that were not meant to be included in
the power of attorney. In some cases, expiration date for the Special Power of Attorney
is also included.
Execution. The power of attorney must contain the date of execution. The power of
attorney must be signed by the principal or by another adult in the principal’s presence
and under the direction of the principal.The power of attorney is signed and
acknowledged before a notary public or is signed by two witnesses.
GENERAL POWER OF ATTORNEY

KNOW ALL MEN THESE PRESENTS:

I, (Name of Principal), of legal age, single/married to (Name of spouse if any), Filipino, a

resident of (Address), do hereby name, constitute, and appoint (Name of
Agent /Attorney-In-Fact), to be my true and lawful attorney, for me and in my name,
place, and stead, to do and perform the following acts and things to wit:

To ask, demand, collect any and all sums of money, sue to recover debts, dues,
accounts, dividends, legacies, bequests, interests , and other things of value of
whatever nature or kind as may now be or may hereafter become due owing, payable or
belonging to me, and to have, sue, and to take any all lawful ways and means for
the recovery thereof by suit, attachment, compromise or otherwise;

To make, sign, execute, and deliver contracts, agreements, documents and other
writings of whatever nature or kind, with any and all third persons, entities or concerns,
upon terms and conditions acceptable to my said attorney;

To delegate in whole or in part any all of the powers herein granted or conferred, by
means of an instrument in writing, favor of any third persons whom my said attorney
may select;

HEREBY GIVING AND GRANTING unto my said attorney full power and authority
whatsoever requisite or necessary or proper to be done in and about the premises
as fully to all intents and purposes as I might and could lawfully do if personally present,
with 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 under and by
virtue of these presents.

IN WITNESS WHEREOF, We have hereunto affixed our signatures this ___________

day of ____________________ , 20__ in ______________________, Philippines.

_____________________________ _______________________________
(Principal) (Agent /Attorney-In-Fact)

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Principal) 10000000 February 24, 20__ / Paranaque City

(Name of Agent) 10000000 January 28, 20__ / Mandaluyong City

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, (Insert Name of Principal) single/married (insert name of spouse if married), of legal age,
with residence and postal address at (Address) do hereby APPOINT (Insert name of
Agent /Attorney-In-Fact)) single/married (insert name of spouse if married), likewise of legal
age, with postal address at (Address) as our true and legal representative to act for and in
our name and stead and to perform the following acts:

To sell, offer for sale, and come to an agreement as to the purchase price and
thereafter to sign for us and in our name and receive payment from the sale of
our property more particularly described as follows: (Insert Description of
Property)

HEREBY GRANTING unto our representative full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing
properties, as though we ourselves, have so performed it, and HEREBY APPROVING
ALL that he may do by virtue hereof with full right of substitution of his person and
revocation of this instrument.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY
OF _______________ 20__, AT (Insert Place of execution of this Instrument).

____________________________ _______________________________
(Name of Principal) (Name of Agent /Attorney-In-Fact)

Signed in the presence of:

________________________________ ____________________________________
ACKNOWLEDGEMENT
Republic of the Philippines )
_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Principal) 10000000 Jan 09, 20__ / Angeles City

(Name of Agent) 10000000 Jan 16, 20__ / City of Manila

Known to me and to me known to be the same persons who executed the

foregoing instrumentand acknowledged to me that the same is their free and voluntary
act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.