Unformatted text preview: 28 ISSUE: WON the assignment made by Tan Boon Tiong as attorneyinfact of the appellant Tan Ong Sze
Viuda de Tan Toco, to Attorney Antero Soriano is valid/legal.
As to whether Tan Boon Tiong as attorneyinfact of the appellant, was empowered by his principal to make
as assignment of credits, rights and interests, in payment of debts for professional services rendered by
lawyers, in the power of attorney, Tan Boon Tiong is authorized to employ and contract for the services of
lawyers upon such conditions as he may deem convenient, to take charge of any actions necessary or
expedient for the interests of his principal, and to defend suits brought against her. This power necessarily
implies the authority to pay for the professional services thus engaged. In the present case, the assignment
made by Tan Boon Tiong, as Attorneyinfact for the appellant, in favor of Attorney Antero Soriano for
professional services rendered in other cases in the interests of the appellant and her coheirs, was that
credit which she had against the municipality of Iloilo, and such assignment was equivalent to the payment
of the amount of said credit to Antero Soriano for professional services.
With regard to the failure of the other attorneyinfact of the appellant, Tan Montano, to consent to the deed
of assignment, the latter being also authorized to pay, in the name and behalf of the principal, all her debts
and the liens and encumbrances her property, the very fact that different letters of attorney were given to
each of these two representatives shows that it was not the principal's intention that they should act jointly
in order to make their acts valid. Furthermore, the appellant was aware of that assignment and she not only
did not repudiate it, but she continued employing Attorney Antero Soriano to represent her in court.
For the foregoing considerations, the court is of opinion and so holds: (1) That an agent of attorneyin fact
empowered to pay the debts of the principal, and to employ lawyers to...
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This document was uploaded on 03/11/2014.
- Fall '14