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Power Of Attorney Declaration for Philippines

Power Of Attorney Declaration Template for Philippines

A Power of Attorney Declaration under Philippine law is a formal legal document that authorizes one person (the attorney-in-fact) to act on behalf of another (the principal) in specified matters. This document must comply with the requirements set forth in the Civil Code of the Philippines and the 2004 Rules on Notarial Practice. It can be either general (covering broad powers) or special (limited to specific transactions), and requires proper notarization to be legally valid. When intended for international use, it must meet additional authentication requirements including possible Apostille certification.

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What is a Power Of Attorney Declaration?

The Power of Attorney Declaration is a crucial legal instrument in Philippine jurisdiction that enables one party to delegate authority to another for various purposes, ranging from simple transactions to complex business dealings. This document is essential when an individual or entity needs someone else to act on their behalf, whether due to absence, incapacity, or convenience. It must strictly comply with the Civil Code of the Philippines and related regulations, including proper notarization and witness requirements. The document can be used for both domestic and international purposes, with additional authentication requirements for international use. It's particularly important to specify whether it's a general or special power of attorney, as this determines the scope of authority granted to the attorney-in-fact.

What sections should be included in a Power Of Attorney Declaration?

1. Title and Date: Formal title 'Special Power of Attorney' or 'General Power of Attorney' with execution date

2. Principal's Details: Full legal name, address, and identification details of the person granting the power

3. Attorney-in-Fact's Details: Full legal name, address, and identification details of the person receiving the power

4. Grant of Authority: Clear statement of the principal granting authority to the attorney-in-fact

5. Scope of Powers: Detailed enumeration of specific powers being granted to the attorney-in-fact

6. Duration: Period for which the power of attorney remains valid

7. Governing Law: Statement that the POA is governed by Philippine law

8. Execution: Formal execution block including signature lines, notarization requirements

9. Witness Provisions: Space for witnesses to sign and their details as required by Philippine law

What sections are optional to include in a Power Of Attorney Declaration?

1. Revocation Clause: Used when specifically wanting to address the conditions under which the POA can be revoked

2. Successor Attorney-in-Fact: Include when wanting to designate a backup attorney-in-fact in case the primary cannot serve

3. International Use Declaration: Required when the POA will be used outside the Philippines, including Apostille requirements

4. Compensation Clause: Include when the attorney-in-fact will be compensated for their services

5. Ratification Clause: Used when wanting to pre-validate previous actions taken by the attorney-in-fact

6. Digital Authorization: Include when the POA will be used for digital or electronic transactions

7. Special Instructions: Add when there are specific instructions or limitations that need to be clearly outlined

What schedules should be included in a Power Of Attorney Declaration?

1. Schedule A - Property Details: List and description of specific properties covered by the POA if relating to real estate matters

2. Schedule B - Specific Transactions: Detailed list of specific transactions or matters the attorney-in-fact is authorized to handle

3. Schedule C - Identification Documents: Copies of valid government IDs and other identification documents of both parties

4. Appendix 1 - Certificate of Translation: If the POA is in multiple languages or requires translation for international use

5. Appendix 2 - Special Requirements: Any additional forms or requirements specific to the jurisdiction or purpose of the POA

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

抖阴视频

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions

























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