Short answer. No. Selling land is one of the acts the Civil Code specifically requires a special power for. A general power of attorney covers acts of administration; transferring ownership of an immovable is an act of strict dominion, so the authority has to be given expressly.
What the law says
Special powers of attorney are necessary in the following cases:
Civil Code, Article 1878 — Acts Requiring a Special Power of Attorney. Read the full provision →
What the law says
To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration
Civil Code, Article 1878 — Acts Requiring a Special Power of Attorney. Read the full provision →
What the clause actually catches
The wording is broader than the word sell suggests. It reaches any contract by which the ownership of an immovable is transmitted or acquired, so it covers your agent buying land in your name just as much as selling it, and it covers a transfer made either gratuitously or for a valuable consideration — a donation of your land needs a special power for the same reason a sale does. The closing item of the same list, any other act of strict dominion, is the principle the whole enumeration is built on.
For land, the authority must also be in writing
There is a second requirement sitting a few articles earlier in the same chapter, and it is the one that actually voids transactions. Art. 1874 provides that when a sale of a piece of land or any interest in it is made through an agent, the agent's authority must be in writing; otherwise the sale is void. So a sale of land through an agent has to clear two hurdles: the power must be special, and it must be written. An oral special authority is not enough.
A power to sell is not a power to mortgage
Do not assume that authority over the property is a single package. Art. 1879 states that a special power to sell excludes the power to mortgage, and that a special power to mortgage does not include the power to sell. Each act needs its own grant. The same caution applies to the neighbouring item on the list covering the creation or conveyance of real rights over immovable property. If you want your agent to be able to do several of these things, each has to appear in the instrument.
What happens if the agent acts anyway
Art. 1317 supplies the consequence for the general case: a contract entered into in the name of another by someone who had no authority, or who acted beyond their powers, is unenforceable unless the principal ratifies it, expressly or impliedly, before the other party revokes. For a sale of land specifically, the stricter rule in Art. 1874 makes the sale void where the agent's authority was not in writing. Which of the two applies depends on exactly what was missing.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Reman Recio vs. Heirs of Spouses Aguego and Maria Altamirano, namely Alejandro, et al., all surnamed Altamirano, et al, G.R. No. 182349, July 24, 2013 — read the decision on LawPhil →
- Alvin Patrimonio vs. Napoleon Gutierrez and Octavio Marasigan III, G.R. No. 187769, June 4, 2014 — read the decision on LawPhil →
- Fil-Estate Properties, Inc. vs. Paulino Reyes, et al, G.R. No. 152797, September 18, 2019 — read the decision on LawPhil →
- Cezar Yatco Real Estate Services, Inc., GRD Property Resources, Inc. Gamaliel Pascual, Jr., Ma. Lourdes Limjap Pascual and Aurora Pijuan vs. Bel-air Village Association, Inc. Represented…, G.R. No. 211780, November 21, 2018 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1878 — Acts Requiring a Special Power of Attorney
- Civil Code, Article 1874 — Sale of Land Through an Agent
- Civil Code, Article 1879 — Sell vs. Mortgage