EXPIRED OR STILL VALID?

Once upon a time, a broker was at a government office, ready to file a title transfer. Everything seemed in order—until the officer glanced at the papers.

Officer: “Expired na ang SPA ninyo!” (referring to the Seller’s SPA authorizing his cousin to sign on his behalf)

Broker: “Saan po nakalagay sa batas na may expiration ang SPA?”

Officer: “Eh bakit, saan ba nakalagay na wala?”

And there it was: a standoff.

The “rule” the officer referred to wasn’t in the Civil Code, wasn’t in the Notarial Practice Act, wasn’t even in the BIR or LRA regulations. It was simply… tradition. An unspoken policy in many government offices that an SPA older than 6–12 months is deemed “expired.”

But legally? Article 1919 of the Civil Code is clear on when an agency is extinguished. Nowhere does it say “6 months” or “1 year.” If the SPA wasn’t revoked, it was still valid.

So who’s right?

Technically, the broker. But practically, the officer.

Because here’s the problem: how do you prove that the Seller hasn’t revoked the SPA? There’s no central database you can check. Unless the SPA was annotated on the property title itself, there’s always doubt.

In fact, Presidential Decree 1529, Sec. 64 says:

“Any person may, by power of attorney, convey or otherwise deal with registered land, and the same shall be registered with the Register of Deeds… Any instrument revoking such power of attorney shall be registered in like manner.”

If the SPA were annotated, its revocation would also be annotated. Clear. Public. Binding. A buyer could see the whole story on the title.

But since very few sellers bother annotating SPAs (because yes, it takes time and effort), buyers and officers alike resort to the “6–12 month rule” as a safety net. It’s not law—but it’s a practical precaution.

Moral of the story:

By the book: An SPA doesn’t expire unless revoked.

In practice: Expect government officers—and buyers—to demand a “fresh” SPA.

Because in Philippine real estate, the law is one thing. The way it’s enforced is another.

...Now try explaining this to a foreigner.