SPECIAL POWER OF ATTORNEY

Hello..

May question lang po ako about Special of Attorney.. before I left the Philippines last January, nag-iwan na ako ng special power of attorney, assigning my mother as my attorney-in-fact. Siyempre ang SPA general siya, kasi hindi ko naman alam kung saan magkakaroon ng problem, pero just in case nag-iwan ako para hindi mahirapan mag-act ang mother ko. pero ang alam ko, na-cover nya lahat ng klase ng transactions na gagawin ng mother ko on my behalf dahil almost 1 year akong mawawala.

Then nung nawala ang ATM account ko, which by the way is a payroll account sa bank na iyon. pinapakita ng mother ko ang SPA na iniwan ko, but the bank refused it. sabi nila dapat daw magpagawa ako ng bagong SPA specifically for them at dapat original at pirmado ng notary public (?) kung saang bansa man ako at dapat certified (?) ng philippine consulate/ embassy, which unfortunately ay nasa ibang state pa. so this will take at least mga 2 weeks siguro. at kung gagawa ako ng SPA from my end, e gagastos ako equating to Php 8K! Excluding yung amount na babayaran sa Philippine Consulate, eh for sure hindi pwedeng by mail lang iyon. Dapat personal. hayz! Eh hindi naman ako nagwo-work dito, student lang ako.

Ang question ko tama ba na hingan pa nila ako ng bagong SPA, well in fact, ako din naman ang nag-asikaso nung SPA na iniwan ko sa mother ko? Hindi po ba pwede iyon?

Thank you in advance!
Puzzled Me

A general SPA allows the agent to perform general acts of administration for the principal. I would think that filing the application for a new atm card would fall as administrative act.

However, my position is not the same as to releasing the atm card to your mother, because possession of the atm card can be used to access the funds, hence i agree with the bank that to protect you and themselves, they should require a specific power of attorney.

maybe you can ask your employer to release your salary directly to your mother so you can bypass the bank. Another way is for you to sign the regular withdrawal slip with authorization to your mom to withdraw.

attyLLL... thanks for your reply...

This is what was written in the general Power of Atty that i prepapred before I left, signed by a notary public..

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To get/receive and encash all checks and cash and documents that may be released/submitted under my name from any institutions;

To sign documents that may be required in order to facilitate the release of the aforesaid checks, cash and documents;

And to do whatever legal acts and deeds necessary to serve the purpose.

HEREBY GIVING AND GRANTING unto my said attorney full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing authority, as fully to all intent and purposes as I might or could lawfully do if personally present, with full power of substitution and revocation, and hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof.
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Aside from this.. I'd like to know of the legal basis (if there is) as to the need that the SPA should be prepared and signed where I am? talaga bang dito manggagaling iyon at hindi pwede yung power of atty na iniwan ko?

If were the bank, I would still require a more specific document that states the bank's name, account number and other particulars.

when a document is properly notarized, other persons can rely that it is authentic and duly executed. documents can be notarized before public notaries here in the philippines. if you are abroad, they have to be notarized before the consular office. one applicable provision is in the rules of court:

SEC. 24. Proof of official record.—The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the 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, and authenticated by the seal of his office.(25a)

Gusto ko lang pong i-clarify if i understood it right..
Is it ok to insists that I really can't do SPA here, pwede kong gawing yung may ibang taong pwedeng mag-attest (if this is the right word) that the power of atty that i left is authentic and duly executed? kasi it was notarized naman din po by a notary public there in Muntinlupa.

At saka the record of that paper is there in the philippines. as noted from the section that you quoted, "SEC. 24. Proof of official record.—The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody"


But I am also seriously considering your suggestion na mag-prepare ng ng withdrawal slip signed by me. The problem is magpapadala pa pala dito ng withdrawal slip ang mother ko... hmmmm

Thanks po, again..

attyLLL wrote:If were the bank, I would still require a more specific document that states the bank's name, account number and other particulars.

when a document is properly notarized, other persons can rely that it is authentic and duly executed. documents can be notarized before public notaries here in the philippines. if you are abroad, they have to be notarized before the consular office. one applicable provision is in the rules of court:

SEC. 24. Proof of official record.—The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the 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, and authenticated by the seal of his office.(25a)