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.
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
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
View Full Document
This document was uploaded on 03/11/2014.
- Fall '14