This case has been cited 3 times or more.
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2015-10-19 |
MENDOZA, J. |
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| Doubtless, there was no perfected contract to sell between petitioner and NICORP. Nowhere in the General Power of Attorney was Benjamin granted, expressly or impliedly, any power to sell the subject property or a portion thereof. The authority expressed in the General Power of Attorney was couched in very broad terms covering petitioner's businesses and properties. Time and again, this Court has stressed that the power of administration does not include acts of disposition, which are acts of strict ownership. As such, an authority to dispose cannot proceed from an authority to administer, and vice versa, for the two powers may only be exercised by an agent by following the provisions on agency of the Civil Code.[27] | |||||
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2014-12-03 |
LEONEN, J. |
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| Petitioners argue that respondent should bear the loss[42] of her negligence in purchasing the property without Florentino's consent.[43] They cite at length Aggabao v. Parulan, Jr.[44] to support their argument that respondent failed to exercise the required due diligence in the purchase of the property.[45] Consequently, petitioners submit that the lower courts erred in ruling that respondent was entitled to possession of the property.[46] | |||||
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2012-07-11 |
REYES, J. |
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| A purchaser in good faith and for value is one who buys property of another, without notice that some other person has a right to, or interest in, such property, and pays a full and fair price for the same, at the time of such purchase, or before he has notice of the claim or interest of some other person in the property.[39] Good faith is the opposite of fraud and of bad faith, and its non-existence must be established by competent proof.[40] Sans such proof, a buyer is deemed to be in good faith and his interest in the subject property will not be disturbed. A purchaser of a registered property can rely on the guarantee afforded by pertinent laws on registration that he can take and hold it free from any and all prior liens and claims except those set forth in or preserved against the certificate of title.[41] | |||||