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    Agency - Dy Buncio V Ong Guan

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    Eche Abad
    An agent requires a special power of attorney to alienate a principal's property, and the power must be specifically stated. Ong Guan Can owned a rice mill and camarin, but was in debt to Dy Buncio. His son, acting as his agent, purported to sell the properties to Juan Tong, but the sale was invalid because the son did not have the necessary power of attorney to alienate the properties. Therefore, the court properly awarded the properties to Dy Buncio in payment of Ong Guan Can's debt.

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    Agency - Dy Buncio V Ong Guan

    Uploaded by

    Eche Abad
    23 views2 pages
    An agent requires a special power of attorney to alienate a principal's property, and the power must be specifically stated. Ong Guan Can owned a rice mill and camarin, but was in debt to Dy Buncio. His son, acting as his agent, purported to sell the properties to Juan Tong, but the sale was invalid because the son did not have the necessary power of attorney to alienate the properties. Therefore, the court properly awarded the properties to Dy Buncio in payment of Ong Guan Can's debt.

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    agency

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    Agency_Dy Buncio v Ong Guan.docx

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    An agent requires a special power of attorney to alienate a principal's property, and the power must be specifically stated. Ong Guan Can owned a rice mill and camarin, but was in debt to Dy Buncio. His son, acting as his agent, purported to sell the properties to Juan Tong, but the sale was invalid because the son did not have the necessary power of attorney to alienate the properties. Therefore, the court properly awarded the properties to Dy Buncio in payment of Ong Guan Can's debt.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23 views2 pages

    Agency - Dy Buncio V Ong Guan

    Uploaded by

    Eche Abad
    An agent requires a special power of attorney to alienate a principal's property, and the power must be specifically stated. Ong Guan Can owned a rice mill and camarin, but was in debt to Dy Buncio. His son, acting as his agent, purported to sell the properties to Juan Tong, but the sale was invalid because the son did not have the necessary power of attorney to alienate the properties. Therefore, the court properly awarded the properties to Dy Buncio in payment of Ong Guan Can's debt.

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    Category: Obligations of a principal

    DOCTRINE:
    Alienating a property as a task of an agent requires a special power of attorney and must be specifically stated in the written SPA.

    TITLE FACTS ISSUE(S) RULING(S)


    G.R. No. L-40681 Context: 1934, Capiz Issue: Who owns the rice mill & The owner is Ong Guan Can, because the Deed of Sale between him as
    October 2, 1934 Cast: camarin – is it Ong Guan Can or principal and Juan Tong was invalid, bec his son Ong Guan Jr. did not
    Dy Buncio & Co. Inc., petitioner – Through a Juan Tong? have the power to sell this property under his Special Power of Attorney.
    court judgment, claims the rice mill and
    DY BUNCIO & COMPANY, camarin owned by Ong Guan Can as
    INC., plaintiff-appelle, payment for Can’s unpaid debt
    Juan Tong – claims that Can sold him the rice
    vs. mill & camarin through his agent, his son Ong
    Guan Can Jr.
    ONG GUAN CAN, ET AL.,
    Pua Giok Eng – claims to be the lessee of
    defendants.
    the ricemill & camarin, with Tong as lessor
    JUAN TONG and PUA GIOK
    ENG, appellants. Ong Guan Can owes Dy Buncio. He is
    unable to pay. Dy Buncio is awarded by the
    TOPIC: court the ricemill & camarin belonging to his
    debtor Ong Guan Can as payment for his
    Obligations of a principal
    unpaid debt.

    Juan Tong challenges the judgment, claiming


    that the Court cannot award the ricemill &
    camarin to Dy Buncio bec it was actually sold
    to him by Ong Guan through his agent Ong
    Guan Can Jr.

    Pua Giok Eng also challenges the court


    judgment, saying that he is the lessee of the
    subject camarin & rice mill, with Juan Tong as
    his lessor.
    GER WORDS/ KEYWORD(S):
    special power of atty; deed of
    sale

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