Yes, a Philippine Consular Officer at the Philippine Consulate in Hawaii has the authority under Philippine law to notarize a Special Power of Attorney (SPA) executed by a Filipino dual citizen residing in Hawaii.
This authority is grounded in several legal and procedural foundations:
1. Republic Act No. 7157 (Philippine Foreign Service Act of 1991) – Section 5(e) empowers consular officers to perform notarial and authentication functions abroad with the same force and effect as notaries public in the Philippines[43dcd9a7-70db-4a1f-b0ae-981daa162054](https://www.respicio.ph/commentaries/consularized-special-power-of-attorney-requirements-at-philippine-embassy?citationMarker=43dcd9a7-70db-4a1f-b0ae-981daa162054 "1").
2. 2004 Rules on Notarial Practice – Sections 4 and 5 recognize the authority of Philippine diplomatic and consular officers to notarize documents executed abroad, including SPAs.
3. Civil Code of the Philippines – Articles 1878 and 1903–1919 govern the formalities and authority of agents, including the requirement that certain SPAs (e.g., for real estate transactions) must be in a public instrument, which includes consularized documents[43dcd9a7-70db-4a1f-b0ae-981daa162054](https://www.respicio.ph/commentaries/consularized-special-power-of-attorney-requirements-at-philippine-embassy?citationMarker=43dcd9a7-70db-4a1f-b0ae-981daa162054 "1").
4. Dual Citizenship under RA 9225 – The Principal, being a former natural-born Filipino who reacquired Philippine citizenship, retains full civil and property rights, including the right to execute an SPA for the purchase of real property in the Philippines[43dcd9a7-70db-4a1f-b0ae-981daa162054](https://honolulupcg.dfa.gov.ph/consular-services/dual-citizenship?citationMarker=43dcd9a7-70db-4a1f-b0ae-981daa162054 "2")[43dcd9a7-70db-4a1f-b0ae-981daa162054](https://www.geocities.ws/pcghonolulu/dualcitizenship.html?citationMarker=43dcd9a7-70db-4a1f-b0ae-981daa162054 "3").
If the SPA is executed directly before the Consular Officer, it is considered a Philippine-notarized public document and does not require further authentication or apostille for use in the Philippines. [43dcd9a7-70db-4a1f-b0ae-981daa162054](https://www.respicio.ph/commentaries/consularized-special-power-of-attorney-requirements-at-philippine-embassy?citationMarker=43dcd9a7-70db-4a1f-b0ae-981daa162054 "1"). This is especially relevant for real estate transactions, where the SPA must be presented to the Register of Deeds, banks, or developers.
Generated by Copilot AI app, June 21, 2025, upon request of Atty. Manuel Laserna Jr.
