November 21, 1933

QUINTIN DE BORJA, judicial administrator of the intestate of Marcelo

de Borja, plaintiff-apellant,
vs.
FRANCISCO DE BORJA, defendant-appellee
TOPIC: OBLIGATIONS OF THE AGENT

Doctrine: Quintin is not entitled to interest as It was found that in all

Francisco’s transactions, he acted in his capacity as attorney-in fact of his
deceased father, there being no evidence showing that he converted the
money entrusted to him to his own use. (art. 1896)

Facts:
1. Quintin, as administrator of Marcelo’s estate, filed an action to
recover sum of money loaned and collected by Francisco with an
obligation to render accounting.
2. Francisco interposed counterclaims against Quintin for alleged sums
of money owed to him (and rents for Marcelo allegedly using his
factory and his buildings)
3. Trial court held that Quintin was entitled to 33K while Francisco was
entitled to 39K, hence, Quintin owed Francisco 6K with legal
interest.
4. Both parties appealed such judgement. *supplied by author* Quintin
argued he was entitled to interest. Francisco argued he was entitled
to more money (rent of factory).

Issue: W/N Quintin can recover such sum from Francisco

Held: No.
1. It was found that in all Francisco’s transactions, he acted in his
capacity as attorney-in fact of his deceased father, there being no
evidence showing that he converted the money entrusted to him to
his own use.
2. Francisco cannot also claim MORE money because it was found that
the relationship between Marcelo and Francisco was a mere
gratuitous commodatum.

JUDGMENT OF TRIAL COURT IS AFFIRMED.