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    AGENCY AND PARTNERSHIP - DIGEST (12) SYJUCO Vs SYJUCO

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    Jestherin Baliton
    Vicente Sy-Juco and Cipriana Viardo sued Santiago V. Sy-Juco, who had been acting as their administrator, claiming he purchased a launch called the Malabon with their money during his administration for their benefit but registered it in his own name. The trial court ruled the launch belonged to the plaintiffs and ordered the defendant to return it. The Supreme Court affirmed, finding that though the defendant purchased the launch in his own name, the plaintiffs' testimony that it was bought with their money was supported by the fact that they paid for repairs, so the exception in the Civil Code applied that the principal has rights against a third party when their property or money is involved in a transaction by the agent

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    AGENCY AND PARTNERSHIP - DIGEST (12) SYJUCO Vs SYJUCO

    Uploaded by

    Jestherin Baliton
    115 views1 page
    Vicente Sy-Juco and Cipriana Viardo sued Santiago V. Sy-Juco, who had been acting as their administrator, claiming he purchased a launch called the Malabon with their money during his administration for their benefit but registered it in his own name. The trial court ruled the launch belonged to the plaintiffs and ordered the defendant to return it. The Supreme Court affirmed, finding that though the defendant purchased the launch in his own name, the plaintiffs' testimony that it was bought with their money was supported by the fact that they paid for repairs, so the exception in the Civil Code applied that the principal has rights against a third party when their property or money is involved in a transaction by the agent

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    AGENCY AND PARTNERSHIP_DIGEST (12) SYJUCO vs SYJUCO

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    Vicente Sy-Juco and Cipriana Viardo sued Santiago V. Sy-Juco, who had been acting as their administrator, claiming he purchased a launch called the Malabon with their money during his administration for their benefit but registered it in his own name. The trial court ruled the launch belonged to the plaintiffs and ordered the defendant to return it. The Supreme Court affirmed, finding that though the defendant purchased the launch in his own name, the plaintiffs' testimony that it was bought with their money was supported by the fact that they paid for repairs, so the exception in the Civil Code applied that the principal has rights against a third party when their property or money is involved in a transaction by the agent

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    115 views1 page

    AGENCY AND PARTNERSHIP - DIGEST (12) SYJUCO Vs SYJUCO

    Uploaded by

    Jestherin Baliton
    Vicente Sy-Juco and Cipriana Viardo sued Santiago V. Sy-Juco, who had been acting as their administrator, claiming he purchased a launch called the Malabon with their money during his administration for their benefit but registered it in his own name. The trial court ruled the launch belonged to the plaintiffs and ordered the defendant to return it. The Supreme Court affirmed, finding that though the defendant purchased the launch in his own name, the plaintiffs' testimony that it was bought with their money was supported by the fact that they paid for repairs, so the exception in the Civil Code applied that the principal has rights against a third party when their property or money is involved in a transaction by the agent

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    © All Rights Reserved
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    PROPERTY SLC-LAW

    CASE 1: Sevilla v CA
    TOPIC:

    G.R. No. L-13471             January 12, 1920


    PETITIONERS: VICENTE SY-JUCO and CIPRIANA VIARDO
    RESPONDENTS: SANTIAGO V. SY-JUCO
    CASE SUMMARY:

    FACTS:
    The defendant was appointed by the plaintiffs administrator of their property and acted as such until
    June 30, 1916, when his authority was cancelled. The plaintiffs are defendant's father and mother who
    allege that during his administration the defendant acquired the property claimed in the complaint in his
    capacity as plaintiffs' administrator with their money and for their benefit.
    the trial court rendered his decision; . That the defendant return to the plaintiffs the launch Malabon,
    in question, and execute all the necessary documents and instruments for such delivery and the
    registration in the records of the Custom House of said launch as plaintiffs' property;
    Regarding the launch Malabon, it appears that in July, 1914, the defendant bought it in his own
    name from the Pacific Commercial Co., and afterwards registered it at the Custom House. But his does
    not necessarily show that the defendant bought it for himself and with his own money, as he claims

    ISSUE:

    RULING:

    This transaction was within the agency which he had received from the plaintiffs. The fact that he has
    acted in his own name may be only, as we believe it was, a violation of the agency on his part. As
    the plaintiffs' counsel truly say, the question is not in whose favor the document of sale of the
    launch is executed nor in whose name same was registered, but with whose money was said
    launch bought. The plaintiffs' testimony that it was bought with their money and for them is
    supported by the fact that, immediately after its purchase, the launch had to be repaired at their
    expense, although said expense was collected from the defendant. I the launch was not bought for
    the plaintiffs and with their money, it is not explained why they had to pay for its repairs.

    From the rule established in article 1717 of the Civil Code that, when an agency acts in his own name, the
    principal shall have no right of action against the person with whom the agent has contracted, cases
    involving things belonging to the principal are excepted. According to this exception (when things
    belonging to the principal are dealt with) the agent is bound to the principal although he does not assume
    the character of such agent and appears acting in his own name (Decision of the Supreme Court of
    Spain, May 1, 1900). This means that in the case of this exception the agent's apparent representation
    yields to the principal's true representation and that, in reality and in effect, the contract must be
    considered as entered into between the principal and the third person; and, consequently, if the
    obligations belong to the former, to him alone must also belong the rights arising from the contract. The
    money with which the launch was bough having come from the plaintiff, the exception established in
    article 1717 is applicable to the instant case.

    Page 1 of 1 © BALITON

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