Patrimonio vs. Gutierrez 724 SCRA 636 , June 04, 2014.pdf

Patrimonio vs. Gutierrez 724 SCRA 636 , June 04, 2014.pdf -...

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G.R. No. 187769. G.R. No. 187769 . * ALVIN PATRIMONIO, petitioner, vs . NAPOLEON GUTIERREZ and OCTAVIO MARASIGAN III, respondents. Remedial Law; Civil Procedure; Appeals; Petition for Review on Certiorari; The rule that questions of fact are not the proper subject of an appeal by certiorari, as a petition for review under Rule 45 is limited only to questions of law, is not an absolute rule that admits of no exceptions. —The rule that questions of fact are not the proper subject of an appeal by certiorari , as a petition for review under Rule 45 is limited only to questions of law, is not an absolute rule that admits of no exceptions. One notable exception is when the findings of fact of both the trial court and the CA are conflicting, making their review necessary. In the present case, the tribunals below arrived at two conflicting factual findings, albeit with the same conclusion, i.e. , dismissal of the complaint for nullity of the loan . Accordingly, we will examine the parties’ evidence presented. Civil Law; Contracts; Agency; As a general rule, a contract of agency may be oral. However, it must be written when the law requires a specific form, for example, in a sale of a piece of land or any interest therein through an agent. —Article 1868 of the Civil Code defines a contract of agency as a contract whereby a person “binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter.” Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority. As a general rule, a contract of agency may be oral. However, it must be written when the law requires a specific form, for example, in a sale of a piece of land or any interest therein through an agent . Same; Same; Same; Loans; Special Power of Attorney; Article 1878, paragraph 7 of the Civil Code expressly requires a special power of authority before an agent can loan or borrow money in behalf of the principal. —Article 1878, paragraph 7 of the Civil Code SUPREME COURT REPORTS ANNOTATED VOLUME 724 Documents/Law School Ebooks/Negotiable Instrument Act... 1 of 23 9/2/2018, 7:06 PM
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_______________ * SECOND DIVISION. 637 VOL. 724, JUNE 4, 2014 637 Patrimonio vs. Gutierrez expressly requires a special power of authority before an agent can loan or borrow money in behalf of the principal, to wit: Art. 1878. Special powers of attorney are necessary in the following cases : x x x x (7) To loan or borrow money , unless the latter act be urgent and indispensable for the preservation of the things which are under administration. (emphasis supplied) Article 1878 does not state that the authority be in writing. As long as the mandate is express, such authority may be either oral or written. We unequivocably declared in Lim Pin v. Liao Tian, et al. , 115 SCRA 290 (1982), that the requirement under Article 1878 of the Civil Code refers to the nature of the authorization and not to its form. Be that as it may, the authority must be duly
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Negotiable instrument, Napoleon Gutierrez

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