Cosmic Lumber Corporation vs. Court of Appeals G.R. No. 114311 November 29, 1996 Bellosillo, J.: Facts
Cosmic Lumber Corporation vs. Court of Appeals G.R. No. 114311 November 29, 1996 Bellosillo, J.: Facts
Cosmic Lumber Corporation vs. Court of Appeals G.R. No. 114311 November 29, 1996 Bellosillo, J.: Facts
COURT OF APPEALS
G.R. No. 114311
November 29, 1996
Bellosillo, J.:
Facts:
Issue: Whether or not the actions of Paz G. Villamil-Estrada as attorney-in-fact bind the
principal, Cosmic Lumber Corporation, in the compromise agreement she entered into with
Isidro Perez.
Ruling:
No. A special power of attorney for an agent to institute any action in court to eject all
persons in the principal's lots so that the principal could take material possession thereof, and
for this purpose, to appear at the pre-trial and enter into any stipulation of facts and/or
compromise agreement but only insofar as this is protective of the rights and interests of the
principal in the property, does not grant any power to the agent to sell the subject property nor
a portion thereof.
The authority granted Villamil-Estrada under the special power of attorney was explicit
and exclusionary: for her to institute any action in court to eject all persons found on the lots so
that petitioner could take material possession thereof, and for this purpose, to appear at the
pre-trial and enter into any stipulation of facts and/or compromise agreement but only insofar
as this was protective of the rights and interests of petitioner in the property. Nowhere in this
authorization was Villamil-Estrada granted expressly or impliedly any power to sell the subject
property nor a portion thereof. For the principal to confer the right upon an agent to sell real
estate, a power of attorney must so express the powers of the agent in clear and unmistakable
language. When there is any reasonable doubt that the language so used conveys such power,
no such construction shall be given the document.