G.R. No.

193156, January 18, 2017

IVQ LANDHOLDINGS, INC.,, Petitioner

vs.
REUBEN BARBOSA, Respondent

Not having been properly and validly notarized, the deed of sale cannot be considered a
public document. It is an accepted rule, however, that the failure to observe the proper form
does not render the transaction invalid. It has been settled that a sale of real property, though not
consigned in a public instrument or formal writing is, nevertheless, valid and binding among the
parties, for the time-honored rule is that even a verbal contract of sale or real estate produces
legal effects between the parties.

Not being considered a public document, the deed is subject to the requirement of proof under
Section20,

Rule 132, which reads:

Section 20. Proof of private document. - Before any private document offered as authentic is
received in evidence its due execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be.

Accordingly, the party invoking the validity of the deed of absolute sale had the burden of
proving its authenticity and due execution.x x x. (Emphasis supplied; citations omitted.)

Should a Special Power of Attorney (SPA) be

in writing and notarized in order to be valid?
No. Special Power of Attorney (SPA) is not required to be in writing and need not be notarized
in order to be valid. (De Leon, Comments and Cases on Partnership, Agency, and Trust, p. 443,
2005 ed)

Is the intervention of a notary public required for the

validity of a Special Power of Attorney (SPA)?
General Rule:
A power of attorney is valid although no notary public intervened in its execution. (Barretto v.
Tuason, G.R. Nos. L-‐36811, 36827, 36840, 36872, Mar. 31, 1934) (De Leon, p. 443, 2005 ed)

Exception:

When SPA is executed in a foreign country, it must be certified and authenticated according to
the Rules of Court, particularly Sec. 25, Rule 132.

Note: When the special power of attorney is executed and acknowledged before a notary public
or other competent official in a foreign country, it cannot be admitted in evidence unless it is
certified as such in accordance with the foregoing provision of the rules by a secretary of
embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in
the foreign service of the Philippines stationed in the foreign country in which the record is kept
of said public document and authenticated by the seal of his office. (Medina v. Natividad, G.R.
No. 177505, Nov. 27, 2008) The failure to have the special power of attorney (executed in a
foreign country) authenticated is not merely a technicality – it is a question of jurisdiction.
Jurisdiction over the person of the real party-in-interest was never acquired by the courts. (Ibid.)