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8 Del Rosario V Abad

Tiburcio was issued a homestead patent for a parcel of land. He took out a loan from Primitivo, mortgaging the land's improvements as security. Tiburcio granted Primitivo power of attorney to sell the land, stating it was "irrevocable" and "coupled with interest". After Tiburcio died, Primitivo sold the land to his son Teodorico. Tiburcio's heirs sued, arguing the sale was invalid as the agency ended with Tiburcio's death. The Court affirmed, holding a power of attorney is only irrevocable if the interest is specified, and Primitivo's mortgage interest did not meet this. As the agency was

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85 views1 page

8 Del Rosario V Abad

Tiburcio was issued a homestead patent for a parcel of land. He took out a loan from Primitivo, mortgaging the land's improvements as security. Tiburcio granted Primitivo power of attorney to sell the land, stating it was "irrevocable" and "coupled with interest". After Tiburcio died, Primitivo sold the land to his son Teodorico. Tiburcio's heirs sued, arguing the sale was invalid as the agency ended with Tiburcio's death. The Court affirmed, holding a power of attorney is only irrevocable if the interest is specified, and Primitivo's mortgage interest did not meet this. As the agency was

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k santos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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8. Del Rosario v. Abad of P1.

00 and the payment by the vendee of the mortgage debt of Tiburcio


104 PHIL 648 to Primitivo.
SEPT. 30, 1958  Teodorico took possession of the parcel of land. Upon the filing and
By: JANINE registration of the last deed of sale, the Registrar of Deeds cancelled the
Topic: Extinguishment of Agency original certificate of title in the name of Tiburcio del Rosario and issued a
Petitioners: EULOGIO DEL ROSARIO, AURELIO DEL ROSARIO, BENITO DEL ROSARIO, TCT in favor of Teodorico.
BERNARDO DEL ROSARIO, ISIDRA DEL ROSARIO, DOMINGA DEL ROSARIO and  Plaintiffs brought suit against the defendants to recover possession and
CONCEPCION BORROMEO ownership of the parcel of land, damages, attorney's fees and costs.
Respondents: PRIMITIVO ABAD and TEODORICO ABAD  Trial Court held that the deed of sale executed by Primitivo in favor of
Ponente: PADILLA, J. Teodorico is null and void and ordered Teodorico to execute a deed of
____________________________________________________________________ reconveyance of the land in favor of the plaintiffs.
SUMMARY: Tiburcio was issued a homestead patent. He then obtained a loan
from Primitivo. As security, he mortgaged the improvements of the land in favor of ISSUE:  WON Primitivo can convey the property to Teodorico.
Primitivo. Tiburcio executed an 'irrevocable special power of attorney coupled with
interest" in favor of Primitivo, authorizing him to sell and convey the parcel of land. HELD: NO
After Tiburcio died, Primitivo sold the land to Teodorico. Plaintiffs, as heirs of The power of attorney executed by Tiburcio del Rosario in favor of
Tiburcio, filed a suit against Primitivo and Teodorico. Trial Court held that the sale Primitivo Abad providing, among others, that is coupled with an interest in the
was null and void. SC affirmed the Trial Court and held that the agency terminated subject matter thereof in favor of the said attorney and are therefore irrevocable,
upon the death of Tiburcio, the principal, and Primitivo, the agent, could no longer and . . . conferring upon my said attorney full and ample power and authority to do
validly convey the parcel of land to Teodorico. and perform all things reasonably necessary and proper for the due carrying out of
____________________________________________________________________ the said powers according to the true tenor and purport of the same, . . ." does not
DOCTRINE: A mere statement in the power of attorney that it is coupled with an create an agency coupled with an interest nor does it clothe the agency with an
interest is not enough. In what does such interest consist must be stated in the irrevocable character. A mere statement in the power of attorney that it is coupled
power of attorney. with an interest is not enough. In what does such interest consist must be stated in
the power of attorney. The fact that Tiburcio del Rosario, the principal, had
FACTS: mortgaged the improvements of the parcel of land to Primitivo Abad, the agent is
 Plaintiffs are the children and heirs of the late Tiburcio del Rosario. not such an interest as could render irrevocable the power of attorney executed by
 In December 1936, the Secretary of Agriculture and Commerce issued the principal in favor of the agent. In fact no mention of it is made in the power of
under the Public Land Act homestead patent to Tiburcio. The homestead attorney. The mortgage on the improvements of the parcel of land has nothing to
is in San José, Nueva Ecija. do with the power of attorney and may be foreclosed by the mortgagee upon
 In February 1937, the Registrar of Deeds issued an original certificate of failure of the mortgagor to comply with his obligation. As the agency was not
title in the name of Tiburcio. coupled with an interest, it was terminated upon the death of Tiburcio del Rosario,
 Tiburcio then obtained a loan from Primitivo Abad in the sum of P2,000 the principal, sometime in December 1945, and Primitivo Abad, the agent, could no
with interest at the rate of 12% per annum, payable in December 1941. longer validly convey the parcel of land to Teodorico Abad on 9 June 1947.
 As security for the payment, he mortgaged the improvements of the
parcel of land in favor of the Primitivo. The judgment appealed from is affirmed, with costs against the appellants.
 Tiburcio executed an 'irrevocable special power of attorney coupled with
interest" in favor of Primitivo, authorizing him, among others, to sell and
convey the parcel of land.
 In December 1945, Tiburcio died leaving the mortgage debt unpaid.
 Primitivo Abad, acting as attorney-in-fact of Tiburcio, sold the parcel of
land to his son Teodorico Abad for and in consideration of the token sum

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