AgencyDPFebruary32014

Felix s yulo power and authority to perform and

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Unformatted text preview: his brother, as administrator for and on behalf of Melecio. After Melecio's death, Guillermo continued to occupy the land. In 1916, a parcel survey was made and cadastral proceedings were instituted for the registration of the land titles. Roque Hofilena, as lawyer of Guillermo, fled answers in behalf of his client and said that the lots were property of his client. Since no opposition was raised, certificates of title were issued to Guillermo. Thisis an action filed by Fabiola, as the alleged natural daughter and sole heir of Melecio to compel Guillermo to convey to her 4 parcels of land or if in default to pay her P800k. Fellicitas Villanueva, in her capacity as administratrix of the estate, filed a complaint in interention claiming the same relief, that damages be paid to the estate. TC: The lower court rendered a judgment recognizing Fabiola Severino as the acknowledged natural child of Melencio Severino and ordering the defendant Guillermo Severino to convey the 428 hectares of the land to the itervenor as administratrix of the estate of Melencio, to deliver to her the proceeds in his possession of a certain mortgage placed thereon by him and to pay the cost. CA: None ISSUE: W/N Guillermo has claim over the land? 17 HELD: No. The defendant came into posession of the property in question as the agent of the deceased in the administration of the property as shown I his testimony in the case of Montelibano v Severino. In that case, he stated under oath that from 1902 to 1913, he had been continuously in charge and occupation of the land as he encargado or administrator of Melecio and that he had always known the land as property of Melecio. The relations of an agent to his principal are fiduciary and it is elementary and very old rule that in regard to property forming the subject matter of the agency, he is estopped from acquiring or asserting a title adverse to that over the principal. With the principles of good faith, he cannot be allowed to creat3 in himself an interest in opposition to that of his principal. Art. 1890 – Rule if Agent is Empowered to Borrow Money or to Lend Money HODGE...
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