Article 1874

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

A Special Power of Attorney (SPA) is required when the agent will sell or encumber real property. A general power of attorney is not enough — it must specifically authorize the transaction.

Key point

To sell or mortgage someone else's land, you need a Special Power of Attorney (SPA) — a general POA is insufficient.

Official text — RA 386

When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. (n)

Source: lawphil.net (RA 386 as amended)

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