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Genevieve Lim v. Florencio Saban G.R. No.

163720 December 16, 2004

Tinga, J. FACTS: Eduardo Ybañez, owner of a 1,000-square meter lot in Cebu City, entered into an Agreement and Authority to Negotiate and ell with !loren"io aban# $nder the Agen"y Agreement, Ybañez authorized aban to loo% for a buyer of the lot for &'00,000#00 and to mar% u( the selling (ri"e to in"lude the amounts needed for (ayment of ta)es, transfer of title and other e)(enses in"ident to the sale, as well as aban*s "ommission for the sale# +hrough aban*s efforts, Ybañez and his wife were able to sell the lot to ,ene-ie-e .im and the s(ouses /en0amin and .ourdes .im# +he (ri"e of the lot as indi"ated in the 1eed of Absolute ale is &'00,000#00# +he -endees agreed to (ur"hase the lot at the (ri"e of &200,000#00, in"lusi-e of ta)es and other in"idental e)(enses of the sale# After the sale, .im remitted to aban the amounts of &113,'45#00 for (ayment of ta)es due on the transa"tion as well as &40,000#00 as bro%er*s "ommission# aban re"ei-ed "he"%s in (ayment of his "ommission but all of them were dishonored u(on (resentment# +hus, he filed a "om(laint for "olle"tion of sum of money and damages against Ybañez and .im# aban alleged that Ybañez told .im that he 6 aban7 was not entitled to any "ommission for the sale sin"e he "on"ealed the a"tual selling (ri"e of the lot from Ybañez and be"ause he was not a li"ensed real estate bro%er# ISSUES: 617 89N aban is entitled to re"ei-e his "ommission from the sale: 6'7 if in the affirmati-e, 89N it is .im who is liable to (ay aban his sales "ommission HELD: 617 Yes# +he agen"y was not re-o%ed sin"e Ybañez requested that .im ma%e sto( (ayment orders for the "he"%s (ayable to aban only after the "onsummation of the sale# At that time, aban had already (erformed his obligation as Ybañez*s agent when, through his 6 aban*s7 efforts, Ybañez e)e"uted the 1eed of Absolute ale of the lot with .im and the (ouses .im# +o de(ri-e aban of his "ommission subsequent to the sale whi"h was "onsummated through his efforts would be a brea"h of his "ontra"t of agen"y with Ybañez whi"h e)(ressly states that aban would be entitled to any e)"ess in the (ur"hase (ri"e after dedu"ting the &'00,000#00 due to Ybañez and the transfer ta)es and other in"idental e)(enses of the sale# aban*s agen"y was not one "ou(led with an interest# an agen"y is deemed as one "ou(led with an interest where it is established for the mutual benefit of the (rin"i(al and of the agent, or for the interest of the (rin"i(al and of third (ersons, and it "annot be re-o%ed by the (rin"i(al so long as the interest of the agent or of a third (erson subsists# ;n an agen"y "ou(led with an interest, the agent*s interest must be in the sub0e"t matter of the (ower "onferred and not merely an interest in the e)er"ise of the (ower be"ause it entitles him to "om(ensation# 8hen an agent*s interest is "onfined to earning his agreed "om(ensation, the agen"y is not one "ou(led with an interest, sin"e an agent*s interest in obtaining his "om(ensation as su"h agent is an ordinary in"ident of the agen"y relationshi(# 6 ee Art# 1<'57 6'7 Yes# ;t is 0ust and (ro(er for .im to (ay aban the balan"e of &'00,000#00# !urthermore, sin"e Ybañez re"ei-ed a total of &'30,000#00 from .im, or an e)"ess of &30,000#00 from his as%ing (ri"e of &'00,000#00, aban may "laim su"h e)"ess from Ybañez*s estate, if that remedy is still a-ailable, in -iew of the trial "ourt*s dismissal of aban*s "om(laint as against

Ybañez. due to the latter*s demise when the "ase was still . with (ending# aban*s e)(ress "onsent.