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AGENCY - Manifestation of Acceptance - Implied - GALPO, Joseph Paolo B.

Diego Linan owned a parcel of land and executed a document granting Marcos Puno power to administer Linan's interests, including to "purchase, sell, collect and pay, as well as sue and be sued." Puno then sold the land to other defendants. The court held that the document gave Puno valid authority to sell the land. The words conferring power to "administer, purchase, sell" were used coordinately and selling the land was as advantageous to Linan's interests as administering it. Further, there was no allegation of bad faith or fraud by Puno in the sale.

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63 views1 page

AGENCY - Manifestation of Acceptance - Implied - GALPO, Joseph Paolo B.

Diego Linan owned a parcel of land and executed a document granting Marcos Puno power to administer Linan's interests, including to "purchase, sell, collect and pay, as well as sue and be sued." Puno then sold the land to other defendants. The court held that the document gave Puno valid authority to sell the land. The words conferring power to "administer, purchase, sell" were used coordinately and selling the land was as advantageous to Linan's interests as administering it. Further, there was no allegation of bad faith or fraud by Puno in the sale.

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gongsilog
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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AGENCY

Topic: Manifestation of Acceptance; Implied Acceptance


DIEGO LIÑAN
vs.
MARCOS P. PUNO, ET AL.
G.R. No. L-9608 August 7, 1915

FACTS:

Linan was the owner of a certain parcel of subject land. He executed a document, which
conferred upon the Puno the power, duties and obligations to administer the interest Linan including
to:

“I, Diego Linan…purchase, sell, collect and pay, as well as sue and be sued before any
authority, appear before the courts of justice and administrative officers in any proceeding or business
concerning the good administration and advancement of Linan’s said interests, and may, in necessary
cases, appoint attorneys at law or attorneys in fact to represent him.”

On June 1911, defendant Puno, for the sum of P800, sold and delivered said parcel of
land to the other defendants. The plaintiff alleges that the said document did not confer upon
the defendant Puno the power to sell the land and prayed that the sale be set aside. He also prayed
that the land be returned to him, together with damages.

The RTC decided that the document did not give Puno authority to sell the land and that the
sale was illegal and void. They ruled that the defendants, therefore, should return to the land to the
plaintiff and pay for damages incurred.

ISSUE: Whether or not the sale made by Puno, as an agent of Linan, was a valid sale.

HELD:

Yes. The words "administer, purchase, sell," etc., seem to be used coordinately. Each has equal
force with the other. There seems to be no good reason for saying that Puno had authority to
administer and not to sell when "to sell" was as advantageous to the plaintiff in the administration
of his affairs as "to administer." To hold that the power was "to administer" only when the power "to
sell" was equally conferred would be to give to special words of the contract a special and limited
meaning to the exclusion of other general words of equal import. The record contains no allegation
on proof that Puno acted in bad faith or fraudulently in selling the land. It will be presumed that he
acted in good faith and in accordance with his power as he understood it. His interpretation of his
power, as gathered from the contract, is tenable cannot, we believe, be successfully denied. Neither
have we overlooked the fact in the brief of the appellants that the plaintiff has not returned, nor
offered to return, nor indicated a willingness to return, the purchase price.

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