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7 Litonjua, Jr. V Eternit Corp.
7 Litonjua, Jr. V Eternit Corp.
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* FIRST DIVISION.
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authority; (2) the third person, in good faith, relied upon such
representation; (3) relying upon such representation, such third
person has changed his position to his detriment. An agency by
estoppel, which is similar to the doctrine of apparent authority,
requires proof of reliance upon the representations, and that, in
turn, needs proof that the representations predated the action
taken in reliance.
On appeal1
via a Petition for Review on Certiorari is the
Decision of the Court of Appeals (CA) in CA-G.R. CV No.
51022, which affirmed the Decision of the Regional Trial
Court (RTC), Pasig City, Branch2 165, in Civil Case No.
54887, as well as the Resolution of the CA denying the
motion for reconsideration thereof.
The Eternit Corporation (EC) is a corporation duly
organized and registered under Philippine laws. Since
1950, it had been engaged in the manufacture of roofing
materials and pipe products. Its manufacturing operations
were conducted on eight parcels of land with a total area of
47,233 square meters. The properties, located in
Mandaluyong City, Metro Manila, were covered by
Transfer Certificates of Title Nos.
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5 Id., at p. 396.
6 Id., at pp. 397-398.
7 Id., at p. 240.
8 Id., at p. 241.
9 Id.
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Dear Sir:
Yours sincerely,
(Sgd.)
C.F. DELSAUX
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cc. To: J. GLANVILLE (Eternit Corp.)
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10 Id., at p. 399.
11 Id., at pp. 349-400.
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II
III
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17 Id., at p. 15.
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Dear Sir,
Re: Land of Eternit Corporation
I would like to confirm officially that our Group has
decided not to proceed with the sale of the land which
was proposed to you.
The Committee for Asia of our Group met recently
(meeting every six months) and examined the position
as far as the Philippines are (sic) concerned.
Considering the new political situation since the
departure of MR. MARCOS and a certain stabilization
in
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agency 24
must be established by clear, certain and specific
proof.
Section 23 of Batas Pambansa Bilang 68, otherwise
known as the Corporation Code of the Philippines,
provides:
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VOL. 490, JUNE 8, 2006 223
Litonjua, Jr. vs. Eternit Corporation
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45 Hill v. Delta Loan and Finance Company, 277 S.W. 2d 63, 65.
46 Litonjua v. Fernandez, supra note 22, at p. 494; Culaba v. Court of
Appeals, supra note 22, at p. 730; BA Finance Corporation v. Court of
Appeals, G.R. No. 94566, July 3, 1992, 211 SCRA 112, 116.
47 Donnan v. Adams, 71 S.W. 580.
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Petition denied.
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