a collections of case digests and laws that can help aspiring law students to become a lawyer.
A Special Power of Attorney was executed by sisters Concepcion and Gerundia in favor of their brother Simeon for the sale of a parcel of land co-owned by the two. Months after Conception died, Simeon sold the undivided shares of his sisters to herein respondent Felix Go Chan & Realty Corp. Petitioner Ramon Rallos, administrator of the late Concepcion’s estate, prayed that the sale of the undivided share of the deceased be invalidated and a new certificate be issued in the name of respondent corporation and Concepcion’s intestate estate, plus damages. Court of First Instance ruled in favor of petitioner and granted the payers, but CA reversed the decision. Respondent’s MR was further denied.
Whether or not the sale entered into by an agent is valid although executed after death of the principal.
No, the sale is void because Simeon’s authority as an agent of Concepcion was extinguished upon her death.
Article 1317 provides that no one may contract in the name of another without being authorized or unless he has, by law, a right to represent him. Article 1919 furthers that the death of the principal terminates the agency.
The case at bar is also not among the exceptions whereby an agent’s acts bind the principal even after the latter’s death because of Simeon’s knowledge of Concepcion’s death is material. Hence, the sale was null and void.