How to Buy Property in the Philippines While Abroad Using a Special Power of Attorney (SPA)

Geneva Rose Morata
Sep 2
5 min read

Many Overseas Filipino Workers (OFWs) and Filipinos living abroad dream of investing in real estate in the Philippines. But how can you legally buy land or a property if you're abroad? The answer lies in using a Special Power of Attorney (SPA) — a legal document that authorizes someone in the Philippines to represent you to transact business.

This guide will explain how to use an SPA to buy property while abroad, how to execute it properly, and what steps to take to protect your investment.

Who Can Own Land in the Philippines?

Under the 1987 Philippine Constitution, only Filipino citizens and corporations that are at least 60% Filipino-owned can legally own land. Foreigners are not allowed to buy land, except through inheritance.

If you’re a Filipino citizen working or living abroad (such as an OFW), you retain full rights to own land and real estate in the Philippines.

What is a Special Power of Attorney (SPA)?

A Special Power of Attorney (SPA) is a legal document that authorizes a trusted person — called an attorney-in-fact — to act on your behalf for specific legal transactions. In property purchases, an SPA allows your representative to sign documents, pay fees, and register the title for you while you're overseas.

For the SPA to be valid, it must be either:

Notarized in the Philippines
Or consularized/apostilled at a Philippine Embassy or Consulate abroad

Who Can Be Your Attorney-in-Fact?

Legally, you can appoint anyone, as long as the person is:

At least 18 years old
Mentally competent
Willing and capable of handling the tasks assigned in the SPA

While the law does not prohibit your attorney-in-fact from being any specific type of person, it's highly recommended to choose someone you trust deeply.

You may appoint:

A trusted family member (such as a spouse, sibling, or parent)
A dependable, long-time friend — someone who is familiar with how you handle financial or legal matters and ideally lives near the property location
A licensed real estate broker
A real estate lawyer

How to Prepare a Valid SPA for Property Transactions

To ensure that your SPA is legally enforceable and accepted by agencies like the Register of Deeds, follow these steps:

1. Identify the Parties

Principal – You as the person granting authority
Attorney-in-Fact – The person you’re authorizing

2. Be specific about the Authority

Clearly state what your attorney-in-fact is allowed to do. This may include:

Negotiating the sale
Signing the Deed of Sale
Paying taxes and fees
Processing the Certificate of Title
Updating the Tax Declaration to reflect the name of the new owner

Avoid vague or overly broad powers. Agencies like the BIR and Registry of Deeds may reject documents that lack specificity.

3. Set the duration of the SPA

Specify whether the SPA is:

For a specific transaction only, or
Valid for a fixed time period (include start and end dates, if needed)

4. Provide Full Identification

Include the full names, addresses, and government-issued ID details of both you and your representative.

5. Authenticate the SPA

If in the Philippines: Notarize the SPA before a notary public
If abroad: Go to the nearest Philippine Embassy or Consulate to have it consularized/ apostilled (authenticated for use in the Philippines)

6. Attach Supporting Documents

Include:

Copies of valid IDs (principal and representative)
Relevant property documents

Proof of ownership or authority, if applicable

Notarized vs. Consularized SPA

Where the SPA is Signed	Requirement
In the Philippines	Notarization by a notary public
Outside the Philippines	Consularization/ apostilled at a Philippine Embassy/Consulate

A consularized/ apostilled SPA is essential if you're abroad. Without it, agencies like the Register of Deeds or BIR will likely reject your documents.

Why an SPA is Important for OFWs Buying Real Estate

A Special Power of Attorney allows you to:

Legally purchase property while living or working abroad
Assign someone to sign the Deed of Sale and related documents
Pay required taxes, such as Capital Gains Tax and Documentary Stamp Tax
Registration of the new Transfer Certificate of Title (TCT) at the Register of Deeds
Issuance of the new Transfer Certificate of Title (TCT) under your name

Update the Tax Declaration at the local assessor’s office to reflect the buyer’s ownership as the new owner.

Tips to Avoid Scams When Using an SPA

Here’s how to protect yourself from legal risks and fraudulent activities:

Choose a Reliable Representative Your attorney-in-fact will have legal power to act on your behalf. Appoint someone you trust completely. If in doubt, hire a licensed broker or real estate lawyer.
Be Specific in the SPA State exactly what your representative can and cannot do. Include property details (such as location and lot number), limits on authority, and the purpose of the SPA.
Use Escrow Services For large transactions, consider using an escrow service through a bank or trusted third party. This protects your funds until all documents are properly signed and verified.

What Happens After the SPA Is Executed?

Once your SPA has been notarized, your attorney-in-fact can legally carry out these actions on your behalf:

Look for a Property and Negotiate

They can help scout locations and discuss terms with sellers or developers.

Sign the Deed of Sale

They can finalize the sale and sign the necessary contracts in your name.

Settle Taxes and Fees They can pay:

Capital Gains Tax and Documentary Stamp Tax at the BIR
Transfer Tax at the local Treasurer’s Office

Register the Title

They will submit the Deed of Sale to the Register of Deeds, which then issues a new Transfer Certificate of Title (TCT) in your name.

Update the Tax Declaration

They must update the Tax Declaration at the Municipal or City Assessor’s Office to reflect your ownership.

Wide angle view of a modern residential property in the Philippines

Final Tip

If you’re an OFW or a Filipino citizen living overseas and planning to invest in land or property in the Philippines, the Special Power of Attorney (SPA) is your legal bridge to make that dream a reality. To ensure a smooth and hassle-free transaction, it’s important to consult a qualified Philippine real estate lawyer who can guide you in drafting a clear and specific SPA. Choose a representative you fully trust and make sure the powers you grant are limited only to what is necessary for the transaction. Authenticate your SPA properly—through notarization if you're in the Philippines or consularization if you're abroad—and always keep copies of all important documents. With careful planning and the right precautions, buying property remotely can be safe, legal, and convenient.

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