AgencyDPFebruary32014

Canone issuewnguillermohasclaimovertheland 17 held no

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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 DOCTRINE: ­ 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 principal ­ 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 behalf. During the lifetime of Melecio, the land was worked by Guillermo Severino,...
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This document was uploaded on 03/11/2014.

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