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SPA Guidelines PDF
SPA Guidelines PDF
Exception:
Note: When the special power of attorney is executed and acknowledged before a
notary public or other competent official in a foreign country, it cannot be admitted in
evidence unless it is certified as such in accordance with the foregoing provision of the
rules by a secretary of embassy or legation, consul general, consul, vice consul, or
consular agent or by any officer in the foreign service of the Philippines stationed in the
foreign country in which the record is kept of said public document and authenticated by
the seal of his office. (Medina v. Natividad, G.R. No. 177505, Nov. 27, 2008) The failure
to have the special power of attorney (executed in a foreign country) authenticated is
not merely a technicality – it is a question of jurisdiction. Jurisdiction over the person of
the real party-in-interest was never acquired by the courts. (Ibid.)
4. to Lease any real property to another person for more than one year;
12. to make Gifts, except customary ones for charity or those made to employees in the
business managed by the agent
2. A special power to mortgage does not include the power to sell (Art. 1879, NCC)
2. When the act is within the scope of the agent’s authority but in his own name, except
when the transaction involves things belonging to the principal.
Note: The limits of the agent’s authority shall not be considered exceeded should it have
been performed in a manner more advantageous to the principal than that specified by
him.