Professional Documents
Culture Documents
FACTS
* Cosmic Corporation, through ISSUE: W/N there is a contract of
its General Manager executed a Special agency between Cosmic Lumber,
Power of Attorney appointing Paz G. principal and Paz Estrada, agent thus
Villamil-Estrada as attorney-in-fact to binding the principal over the
initiate, institute and file any court action compromise agreement made by the
for the ejectment of third persons and/or agent to a third person, Perez in selling
squatters of the entire lot 9127 and 443 the portion of the said property
for the said squatters to remove their
houses and vacate the premises in order RULING: No
that the corporation may take material The authority granted Villamil-
possession of the entire lot Estrada under the special power of
* Paz G. Villamil Estrada, by attorney was explicit and exclusionary:
virtue of her power of attorney, instituted for her to institute any action in court to
an action for the ejectment of private eject all persons found on lots number
respondent Isidro Perez and recover the 9127 and 443 so that Cosmic Lumber
possession of a portion of lot 443 before could take material possession thereof
the RTC and for this purpose, to appear at the pre-
* Estrada entered into a trial and enter into any stipulation of
Compromise Agreement with Perez, the facts and/or compromise agreement but
terms and conditions such as: only insofar as this was protective of the
In order for Perez to buy the rights and interests of Cosmic Lumber in
said lot he is presently occupying, he has the property
to pay to plaintiff through Estada the Nowhere in this authorization
sum of P26,640 computed at P80/square was Villamil-Estrada granted expressly
meter and that Cosmic Lumber or impliedly any power to sell the
recognizes ownership and possession of subject property nor a portion thereof
Perez by virtue of this compromise Neither can a conferment of the
agreement over said portion of 333 sqm power to sell be validly inferred from the
of lot 443 and whatever expenses of specific authority to enter into a
subdivision, registration and other compromise agreement because of the
incidental expenses shall be shouldered explicit limitation fixed by the grantor
by Perez that the compromise entered into shall
* although the agreement was only be so far as it shall protect the
approved by the trial court and the rights and interest of the corporation in
decision became final and executory it the aforementioned lots.
was not executed within the 5 year In the context of special
period from date of its finality allegedly investiture of powers to Villamil-
due to the failure of Cosmic Lumber to Estrada, alienation by sale of an
produce the owners duplicate copy of immovable certainly cannot be deemed
title needed to segregate from lot 443 the protective of the right of Cosmic Lumber
portion sold by the attorney-in-fact, Paz to physically possess the same, more so
when the land was being sold for a price
of P80/sqm , very much less than its rights of the latter to certain units at the
assessed value of P250/sqm and Las Villas de Sto. Nino Subdivision in
considering further that plaintiff never Meycauyan, Bulacan.
received the proceeds of the sale * This subdivision ws developed
When the sale of a piece of land by private respondent Phil Ville
or any interest thereon is through an Development and Housing Corporation
agent, the authority of the latter shall be (PVDHC) primarily for parties qualified
in writing; otherwise, the sale should be to obtain loans from the Government
void. Thus, the authority of an agent to Service Insurance System (GSIS).
execute a contract for the sale of real * Spouses Raet and Spouses
estate must be conferred in writing and Mira paid Gatus the total amounts of
must give him specific authority, either P40,000 and P35,000 respectively for
to conduct the general business of the which they were issued receipts by
principal or to execute a binding contract Gatus in her own name
containing terms and conditions which * Both spouses applied directly
are in the contract he did execute with PVDHC for the purchase of units in
For the principal to confer the the said subdivision. As they were not
right upon an agent to sell real estate, a GSIS members, they looked for
power of attorney must so express the members who could act as
powers of the agent in clear and accommodation parties by allowing
unmistakable language them to use their policies. PVDHC
It is therefore clear that by selling would process the applications for the
to Perez a portion of Cosmic Lumbers purchase of the units upon the approval
land through a compromise agreement, by the GSIS of petitioners loan
Villamil-Estrada acted without or in application
obvious authority. The sale ipso jure is * Spouses Raet presented GSIS
consequently void and so is the policy of Ernesto Casidsid, while the
compromise agreement. This being the spouses Mitra that of Dena Lim. The
case, the judgment based thereon is former paid P32,653 while the latter paid
necessarily void P27,000 to PVDHC on the
When an agent is engaged in the understanding that these accounts would
perpetration of a fraud upon his principal be credited to the purchase prices of the
for his own exclusive benefit, he is not units which will be determined after the
really acting for the principal but is approval of their loan applications with
really acting for himself, entirely outside the GSIS.
the scope of his agency *Spouses Raet were allowed to
occupy the unit built on Lot 4, Block 67,
Phase 4A of the subdivision while
7. RAET V CA Spouses Mitra were given the unit on
Lot 7, Block 61, Phase 4A thereof
FACTS: * GSIS, however, disapproved
* Petitioners Cesar and Elviira the loan applications of both spouses.
Raet (the spouses Raet) and petitioners They were advised by PVDHC to seek
Rex and Edna Mitra (Spouses Mitra) other sources of financing but were still
negotiated with Amparo Gatus allowed to remain in the said premises
concerning the possibility of bu*ying the
* Failure of both spouses to raise
money, PVDHC demanded them to There are no written contracts to
vacate the units they were occupying and evidence the alleged sales. If both
ejectment cases were filed against them spouses and PVDHC had indeed entered
into contracts involving said units, it is
ISSUE: W/N there were perfected rather strange that contracts of such
contracts of sale between petitioners and importance have not been reduced in
private respondent PVDHC involving writing
the units in question
RULING: NO
Plaintiff insists that, as his
services as agent of the deceased M
Larena having been rendered, an
obligaton to compensate them must
necessarily arise.
The trial court held that the
compensation for the services of the
plaintiff was the gratuitous use and
occupation of some of the houses of said
deceased by plaintiff and his family
If it were true that the plaintiff
and the deceased had an understanding
to the effect that plaintiff was to receive
compensation aside from the use and
occupation of the houses of the
deceased, it cannot be explained how the
plaintiff could have rendered services as
he did for 8 years without receiving and
claiming any compensation from the
deceased.