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  • Lex Animo: Rallos vs. Felix Go Chan & Sons Realty

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    The document summarizes a case involving the sale of property by an agent after the death of the principal. It discusses that an SPA was executed by two sisters appointing their brother Simeon as their agent to sell a parcel of land they co-owned. After one sister died, Simeon sold the deceased sister's share. The administrator of the deceased sister's estate argued the sale was invalid since Simeon's authority ended with the sister's death. The Court agreed, finding that under the Civil Code, an agency is terminated by the principal's death, so the sale after the sister died was void.

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    The document summarizes a case involving the sale of property by an agent after the death of the principal. It discusses that an SPA was executed by two sisters appointing their brother Simeon as their agent to sell a parcel of land they co-owned. After one sister died, Simeon sold the deceased sister's share. The administrator of the deceased sister's estate argued the sale was invalid since Simeon's authority ended with the sister's death. The Court agreed, finding that under the Civil Code, an agency is terminated by the principal's death, so the sale after the sister died was void.

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    12 views6 pages

    Lex Animo: Rallos vs. Felix Go Chan & Sons Realty

    Uploaded by

    jovelyn davo
    The document summarizes a case involving the sale of property by an agent after the death of the principal. It discusses that an SPA was executed by two sisters appointing their brother Simeon as their agent to sell a parcel of land they co-owned. After one sister died, Simeon sold the deceased sister's share. The administrator of the deceased sister's estate argued the sale was invalid since Simeon's authority ended with the sister's death. The Court agreed, finding that under the Civil Code, an agency is terminated by the principal's death, so the sale after the sister died was void.

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    Home Constitutions Civil Code of the Philippines Law Quiz


    "

    LEX ANIMO
    Bringing the law closer to people

    Home # 2019 # March # 22 # Rallos vs. Felix Go Chan & Sons Realty

    Digests

    Rallos vs. Felix Go Chan & Sons Realty


    $ 2019-03-22 % administrator

    G.R. No. L-24332, January 31, 1978

    MUÑOZ PALMA, J.

    FACTS:
    An SPA was executed by sisters Concepcion and Gerundia in favor of their brother Simeon for
    the sale of a parcel of land co-owned by the two. Months after Conception died, Simeon sold
    Wetheuse
    undivided
    cookies onshares of his sisters
    our website to giveto herein
    you respondent
    the most relevant Felix Go Chan
    experience & Realty Corp.
    by remembering Petitioner
    your preferences and
    repeat visits. By clicking “Accept”,ofyou
    Ramon Rallos, administrator theconsent to the use ofestate,
    late Concepcion’s ALL theprayed
    cookies.
    that the sale of the
    undivided share of the deceased be invalidated and a new certificate be issued in the name of
    respondent corporation and Concepion’s intestate estate, plus damages. CFI ruled in favor of
    petitioner and granted the payers but CA reversed the decision. Respondent’s MR was further
    denied.

    ISSUE:
    Whether the sale entered into by an agent is valid although executed after death of the
    :
    principal.

    HELD:
    No, the sale is void because Simeon’s authority as an agent of Concepcion was extinguished
    upon her death.

    Hong Kong Law Firm

    YTL LLP is Hong Kong's leading


    independent law !rm.

    YTL LLP Open

    Article 1317 provides that no one may contract in the name of another without being
    authorized or unless he has, by law, a right to represent him. Article 1919 furthers that the
    death of the principal terminates the agency.

    The case at bar is also not among the exceptions whereby an agent’s acts bind the principal
    even after the latter’s death because of Simeon’s knowledge of Concepion’s death is material.
    Hence, the sale was null and void.

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