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Unformatted text preview: such as that of transferring to plaintiffs the estate in question.
Such principle, however, in case of this nature is generally recognized in our laws, since the case of
commercial agents it is expressly established. Undoubtedly, formerly under the circumstances then
prevailing such sanction was not necessary in the field of civil law, because is sphere of action is the
general relations of society; but event then it was deemed necessary expressly to protect with such
sanction the commercial relations wherein the question of gain was involved, which is sometimes so
imperatives as to ignore everything, even the very principles of loyalty, honesty, and fidelity.
This specific relief, however, has already come to be applied in this jurisdiction in similar cases.
Additionally, in North American law, such sanction is expressly recognized, and the transaction of this
nature might be regarded as an "equitable trust" by virtue of which the things acquired by an employee is
deemed not to have been acquired for his own benefit or that of any other person but for his principal, and
held in trust for the latter (21 R. C. L., 825; 2 Corpus Juris, 353). Severino v. Severino, 44 Phil 343 (1923) MAGSUMBOL
The relations of an agent to his principal are fiduciary and in regard to the property forming the
subjectmatter of the agency, he is estopped from acquiring or asserting a title adverse to that of the
An action in personam will lie against an agent to compel him to return or transfer to his principal, or the
latter's estate, the real property committed to his custody as such agent and also it executes the
necessary documents of conveyance to effect such retainer
FACTS: Melecio Severino died. Some 428 hectares of the land were recorded in the Mortgage Law Register
in his name by virtue of possessory information proceedings institued by his brother Agapito Severino in his
During the lifetime of Melecio, the land was worked by Guillermo Severino,...
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This document was uploaded on 03/11/2014.
- Fall '14