The General Power of Attorney (GPA) in your example provides a broad authority to the appointed
agent (attorney-in-fact), enabling them to perform acts related to the management of a property.
Here's a breakdown of the key features and a comparison of what can and cannot be done under this
General Power of Attorney (GPA) based on the example:
Key Features of the General Power of Attorney (GPA)
Appointment of Agent: The principal (Person A) appoints an attorney-in-fact (Person B) to manage a
specific property.
Agent's Name: Filipino (Person B)
Principal's Name: A (the person granting authority)
Property to be Managed: The property is a 20-door apartment located in Parañaque City, which is
entrusted to the agent for management.
Specific Powers Granted:
Management of Property: The agent is empowered to supervise, maintain, and ensure the
apartments are in good condition.
Rent Collection: The agent can collect rent from tenants, deposit payments into the principal’s
account at a specified bank, and take necessary actions to ensure payments are made.
Maintenance of Property: The agent is responsible for keeping the property in good condition and
addressing necessary repairs or improvements.
Diligence Requirement: The agent must act with the diligence of a good father of the family, ensuring
that the property is well-maintained and the tenants are satisfied.
Communication with Principal: The agent is required to keep the principal informed about
developments and seek the principal’s instructions in the event of issues such as non-payment by
tenants.
Authority to Take Legal Actions:
If tenants fail to pay rent, the agent can send formal letters demanding payment.
The agent can file legal complaints (e.g., for unlawful detainer or collection) upon consulting the
principal.
General vs. Special Power of Attorney
The General Power of Attorney (GPA) grants broad powers related to the management of the
property, but it does not extend to certain significant actions like selling the property. Here’s the
distinction:
Acts Allowed Under the General Power of Attorney:
Managing Property (administration).
Rent Collection and Deposit.
Property Maintenance.
Legal Actions for Rent Collection (e.g., sending demand letters, filing for unlawful detainer or
collection).
Communication with the principal for updates.
Acts Not Allowed Under the General Power of Attorney:
Selling the Property: The agent cannot sell the 20-door apartment or transfer ownership without a
Special Power of Attorney. According to Article 1878 (par. 5), a special power of attorney is required
for certain acts like the sale of immovable property (e.g., real estate).
Key Point: While the General Power of Attorney grants extensive powers for administration and legal
actions, it does not allow for the alienation (sale, transfer) of immovable property, which is why a
Special Power of Attorney would be required for such a transaction.
Explanation of the Specific Power Requirement (Article 1878)
Article 1878 specifies that a Special Power of Attorney is needed for certain significant actions, such
as:
Selling immovable property (like the 20-door apartment in the example).
Granting powers to compromise or waive rights.
Entering contracts involving real property.
This is because the sale or transfer of immovable property involves a significant change in ownership
or rights, and the law requires specific authorization for such transactions.
Summary:
The General Power of Attorney (GPA) allows the agent to manage, collect rent, maintain, and take
administrative actions related to the property.
Selling or transferring ownership of the property requires a Special Power of Attorney (SPA), as it
involves acts of significant dominion (transfer of ownership) over immovable property, which is
regulated under Article 1878.
The Special Power of Attorney (SPA) form you provided grants specific authority to
the appointed agent (attorney-in-fact) to perform a particular act—selling a
property (the 20-door apartments) under defined conditions. Below is a breakdown
and explanation of the key elements of the Special Power of Attorney:
Key Elements of the Special Power of Attorney (SPA)
1.
Principal and Agent:
2.
1.
The Principal (Person A): The person granting authority (Filipino, legal
age, single/married).
2.
3.
The Attorney-in-Fact (Person B): The agent appointed to act on behalf
of the principal (Filipino, legal age, single/married).
4.
3.
Property Involved:
4.
1.
The Property: The 20-door apartments located at No. 130 Sucat Road,
Parañaque City.
2.
5.
Specific Power Granted:
6.
1.
Selling the Property: The SPA grants the agent (Person B) the power
to sell the 20-door apartments.
2.
3.
Price Limit: The agent can sell the property for no less than 20 million
pesos (P20,000,000.00).
4.
5.
Terms of Payment: The sale price should be net of all taxes, capital
gains tax, and transfer expenses, ensuring that the principal receives
the net amount.
6.
7.
Depositing the Sale Proceeds: The agent must deposit the sale
amount into the principal’s account at Philippine National Bank,
Sucat Road.
8.
9.
Commission Payment: Upon depositing the sale proceeds, the agent
is also authorized to pay a commission of 2 million pesos
(P2,000,000.00) to a third party for facilitating the sale.
10.
7.
General Grant of Authority:
8.
1.
The agent is granted full power and authority to perform all acts
necessary for carrying out the sale, including completing the
transaction, ensuring all legal requirements are met, and making sure
the payment is processed.
2.
3.
The principal ratifies and confirms any lawful actions taken by the
agent on their behalf.
4.
9.
Signatory and Witnessing:
10.
1.
The document concludes with the principal’s signature, confirming
the grant of authority.
2.
3.
The date and place where the document is signed are noted.
4.
Why a Special Power of Attorney is Necessary
According to Article 1878 of the Civil Code, a Special Power of Attorney (SPA) is
required in certain situations where the act being authorized is not part of the
routine or general management of property. Specifically:
The sale of immovable property (real estate), such as the 20-door
apartments in this example, requires a Special Power of Attorney.
This document must specifically name the property, define the action (e.g.,
selling), and establish the terms (e.g., sale price, commission) for the agent to
act on behalf of the principal.
Difference Between General and Special Power of Attorney
1.
General Power of Attorney (GPA):
2.
Broad in scope, granting authority for a wide range of actions related
to property or business management (e.g., overseeing rentals,
maintenance).
o
o
Does not allow for the sale or transfer of immovable property without
additional specific authorization.
o
3.
Special Power of Attorney (SPA):
4.
Limited to specific acts, such as the sale of immovable property in
this case.
o
o
Must detail the specific authority being granted (e.g., the sale of the
apartments) and any related terms (price, taxes, etc.).
Conclusion
The Special Power of Attorney (SPA) allows Person B to sell the property (20-door
apartments) on behalf of Person A under specific terms, including the sale price and
handling of proceeds. This is in accordance with the requirements of Article 1878 of
the Civil Code, which mandates a special power for such transactions. This ensures
clarity, protection, and legality when transferring ownership of immovable property.
If you need further clarification or additional details, feel free to ask!
The Revocation of Power of Attorney form provided is a formal document used to
cancel or withdraw a previously granted Special Power of Attorney (SPA) or General
Power of Attorney (GPA). Below is an explanation of its components and purpose:
Key Components of the Revocation of Power of Attorney (Form
No. 37)
1.
Principal's Information:
2.
1.
The Principal (Person A), who initially granted the power of attorney,
is the one executing the revocation. This is the person who is now
withdrawing or canceling the authority previously granted to the
agent (Attorney-in-Fact).
2.
3.
Reference to the Original Power of Attorney:
4.
1.
The form includes a reference to the original Special Power of
Attorney (SPA), including key details such as:
2.
1.
Date of execution of the SPA.
2.
3.
Document number in the notary public’s book.
4.
5.
Location and notary details where the SPA was registered (in
this case, Parañaque City).
6.
5.
Revocation Statement:
6.
1.
The principal clearly revokes the previously granted power of
attorney, stating that the agent’s rights, powers, authorities, and
privileges are no longer valid.
2.
3.
The document uses terms such as annul, cancel, revoke, and
terminate to explicitly state the intention to end the power of
attorney agreement.
4.
7.
Cancellation of Rights and Authorities:
8.
1.
The document ensures that all the powers and privileges granted to
the agent (Person B) are officially withdrawn.
2.
3.
This ensures that the agent can no longer act on behalf of the
principal for any purpose outlined in the original power of attorney.
4.
9.
Date and Signature:
10.
1.
The document ends with a date and signature of the principal,
affirming that the revocation is being executed on this specific date.
2.
3.
The signature may need to be witnessed and notarized to ensure that
it complies with legal standards and can be accepted by authorities,
businesses, or third parties.
4.
Why Revocation of Power of Attorney is Important
Revoking a power of attorney is necessary when the principal wishes to:
1.
End the Agent’s Authority: The principal may no longer want the agent to
have the power to act on their behalf for various reasons (e.g., change in
circumstances, loss of trust, or the completion of the purpose for which the
power was granted).
2.
3.
Prevent Further Actions by the Agent: Without a revocation, the agent can
continue making decisions and taking actions on behalf of the principal. The
revocation ensures that the agent has no further legal authority to act.
4.
5.
Legal Effectiveness: A properly executed revocation, recorded and notarized
as per legal requirements, ensures that the revocation is valid and
enforceable in all legal and financial matters.
6.
General Notes on Revocation
The revocation of a power of attorney should be communicated to all third
parties or institutions that may have interacted with the agent (e.g., banks,
government offices, real estate agents) to prevent the agent from continuing
to act on behalf of the principal.
If the principal had given the agent a Special Power of Attorney (SPA) for
specific acts (like selling property), the revocation ensures that the agent can
no longer proceed with those transactions.
If the agent was acting under a General Power of Attorney (GPA), the
revocation cancels all general powers granted to the agent.
Example of Use
If Person A granted Person B the power to sell a property under a Special Power of
Attorney, but now wishes to cancel that authority, they would use a Revocation of
Power of Attorney form. By doing so, they prevent Person B from completing the
sale or taking any further actions related to the property.
Conclusion
The Revocation of Power of Attorney (SPA or GPA) form is essential to formally end
the legal authority granted to an agent. This protects the principal by ensuring that
the agent no longer has the right to make decisions or take actions on their behalf. It
is a legal safeguard that needs to be executed properly, often with notarial
acknowledgment, to be effective.
Let me know if you need further clarification or any other assistance!
