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Unformatted text preview: s petition.
CFI:in favour of Hashim
ISSUE: WON State can impugn the authority of estate’s lawyer to enter into a compromise
Neither may the State impugn the validity of the compromise agreement executed by the
Solicitor General on behalf of the State with the approval of the proper government officials, on
the ground that it was executed only by the lawyer of respondent estate, without any showing of
having been specially authorized to bind the estate thereby, because such alleged lack of
authority may be questioned only by the principal or client, and respondent estate as such
principal has on the contrary confirmed and ratified the compromise agreement. 11
As a matter of fact, the Solicitor General, in representation of the State, makes in the petition no
prayer for the annulment of the compromise agreement or of the respondent court's decision
approving the same.
DECISION: GRANTED. Commissioner of Public Highways WON, Hashim and PNB LOST.
73 Art. 1902 – 3rd Person May Require Presentation of Power of Attorney or Instructions of the
PNB v. Tan Ong Sze, 53 Phil 451 (1929) SANA
Defendant received from plaintiff a loan of PHP300K, for which she executed and delivered to the plaintiff her
certain promissory not, securing its payment with interests mortgaging on certain real property in Iloilo. The
mortgage provided that if the terms or conditions are not met, the plaintiff could foreclose the property and
apply the proceeds for the loan, interest and attorney's fees. The amount of PHP 357, 075.80 was left
unpaid and plaintiff prays for judgement that the mortgage be sold.
Defendant, on the other hand, appointed Tan Bunco as her attorneyinfact with the power to “for me and in
my name to sign, seal and execute, and as my act and deed, delivery any lease , any other deed for
conveying any real or personal property” or “any other deed for the conveying of any real or personal
Issue: WON the appointment is coupled with the aut...
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This document was uploaded on 03/11/2014.
- Fall '14