EXPIRED NA SPA MO!

Remember this story? My client had a simple fix for it.

From Old Post:

Once upon a time, a broker closed a deal and was tasked to transfer the title to the buyer’s name.

The sellers were based abroad. Years prior, during a visit to the Philippines, they executed a Special Power of Attorney (SPA), authorizing a relative to sign on their behalf.

Everything was complete. Documents were in order.

Then came submission.

The person in authority glanced at the SPA… paused… and said:

“Expired na yung SPA.”

The broker pushed back.

“Ma’am, saan po sa batas nakalagay na nag-eexpire ang SPA?”

And the reply?

“Eh saan nakalagay na hindi nag-eexpire?”

End of discussion.

So who’s correct?

Under Article 1919 of the Civil Code, an agency is extinguished only under specific circumstances:

Revocation

Withdrawal

Death, incapacity, or insolvency

Dissolution

Completion of purpose

Expiration of the period—if one is specified

Conclusion: If there is no expiry date, then legally, the SPA does not automatically expire.

So technically, the broker was right.

But here’s the reality: You’re dealing with the interpretation of who’s behind the desk that day.

My client’s fix (simple, but effective)

Instead of arguing…Just put an expiry date in the SPA.

Make it long enough to be practical—cover multiple transactions or until your next visit to the Philippines. Something like 5 years.

No debate. No friction. No delays.

Problem solved.