DOMINGO v. DOMINGO G.R. No, L-30573; October 29, 1971 Ponente: J. Makasiar FACTS ‘+ On June 2, 1956, Vicente M. Domingo granted Gregorio Domingo, a realestate broker, the eve aot 11s Net No HRs or Panad EBte win an area of about 88,477 square meters at the rate of P2.00 per square meter (or ‘for P176,954,00) with a commission of 5% on the total price, if the property is .Sold_by Vicente or by anyone else during the 30-day duration of the agency or ifthe property is sold by Vicente within three months from the termination of the agency to 8 purchaser io whom 1 wos submiled by Gregore dang the continuance of the agency with notice to Vicente. The said agency contract was in triplicate, one copy was given to Vicente, while the original and another copy were retained by Gregorio, + OnJune 3, 1956, ¢ Teofilo P. Purisima to look for a buyer, promising fim one:hal of the 6% commission: Thereafter, Teofio Purisima introduced Oscar de Leon to Gregorio as a prospective buyer. + Sscarce coe Riad Srila afar SACK aE TOY uch kw than the Price of P2.00 per square meter. Vicente directed Gregorio to tell Oscar de Leon Leon, the latter raised his offer to P109,¢ ‘000. 00 on ans 20 and Vicente agreed. + “Uponcdemand of Vicenfe, Oscar de Leon issued to him a check in the amount "DLP Gan Gone anton manay alfa unics Vcore advanced Gregor tre im_of P300.00. Oscar de Leon confirmed his former offer to pay for the —froperiy at PT20 per sauare meter in another leer Subsequently, Vicente asked for an additional amount of P'1,000.00 as earnest money, which Oscar de Leon promi feliver to him ‘© Pursuant to his promise to Gregorio, Oscar gave him. ift or ‘sum of 1,000.00 for succeeding in persuading Vicente to sell his lot at P1,20 ‘per square meter or a fotalin round figure of P 109,000.00. This gift of P1,000.00 Nias rat cudossd by Gragono 1 Veame- Neier ad Oscar pay Vicente the additional amount of P1,000.00 by way of eamest money. + When the deed of sale was not executed on August 1, 1956 as stipulated nor on August 16, 1956 as extended by Vicente. Oscar told Gregorio that ne did from his brother in the United States, for which reason “FoNi ging op ihe negation including the amount of P 1,000 given 8 ‘eamest money to Vicente and the P 1,000 given to Gregorio as propina or git. + When Oscar did not see him after several weeks, Gregorio sensed something fishy. So, he went to Vicente and read a portion to the effect that Vicente was still committed to pay him 5% commission. Vicente grabbed the original of the ‘document and tore it to pieces. «From his meeting wih Vero, C770 proceeded tothe office ofthe Register Of Deeds of Quezon Cy, Tass Ts GOSH a doed of cle exeaed on September 17, 1956 by Amparo Di ‘+ Upon thus learning that Vicente sold his propery to the same buyer, Oscar de Leon and his wife, he demanded in writing payment of his commission on the Gale price OfP 109, 000100; Sererrcrececarrcagcarrarerarerrneerraers* Vicente sated that Greg is oot ented io the 5% commiagion because he sold the property not to Gregorio's buyer, Oscar de Leon, but to another buyer, ‘Amparo Diaz, wife of Oscar de Leon ISSUE: WHETHER GREGORIO WAS ENTITLED TO RECEIVE THE 5% COMMISSION HELD No, Gregorio is not entitled to receive the 5% commission, The Supreme Court held that the law imposes upon the agent the absolute obligation to make a full disclosure or complete account to his principal ofall his transactions and ‘other material facts relevant to the agency, 80 much so that the law as amended does not countenance any stipulation exempting the agent from such an obligation and considers such an exemption as void Hence, by taking such profit or bonus oF gift or propina from the vendee, the agent thereby assumes a position wholly inconsistent with that of being an agent for his principal, who has a right to treat him, insofar as his Commission is concemed, as if No agency had existed. The fact that the principal may have been benefited by the Valuable services of the said agent does not exculpate the agent who has only himself to blame for such a result by reason of his treachery or perfidy.