GR 40681; (October, 1934) (Digest)
G.R. No. 40681 ; October 2, 1934
DY BUNCIO & COMPANY, INC., plaintiff-appellee, vs. ONG GUAN CAN, ET AL., defendants. JUAN TONG and PUA GIOK ENG, appellants.
FACTS
Plaintiff Dy Buncio & Company, Inc., a judgment creditor of Ong Guan Can, sought to subject a rice mill and camarin to execution, claiming these belonged to the judgment debtor. Defendants Juan Tong and Pua Giok Eng claimed ownership and lease rights, respectively, by virtue of a deed dated July 31, 1931, executed by Ong Guan Can, Jr., as agent for Ong Guan Can. The deed referenced a power of attorney dated May 23, 1928, which was attached and registered with it. The Court of First Instance of Capiz held the deed invalid and declared the property subject to execution.
ISSUE
Whether the deed of sale executed by Ong Guan Can, Jr., as agent, was valid, thereby divesting Ong Guan Can of ownership and making the property immune from execution by his judgment creditor.
RULING
No, the deed was invalid. The power of attorney dated May 23, 1928, was limited and did not expressly grant the agent authority to alienate the property, as required under Article 1713 of the Civil Code. Appellants’ reliance on an earlier general power of attorney from 1920 was unavailing, as the execution of the later, more restrictive power of attorney in 1928 revoked the prior one, consistent with the principle that a new, inconsistent power supplants the old. Since the deed did not validly transfer title, the property remained owned by Ong Guan Can and was subject to attachment and execution by his judgment creditor. The trial court’s judgment was affirmed.
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