Cosmic vs CA 265 Scra 168 (Gr No. 114311) - CD

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  cosmic lumber corporation vs cafacts: petitioner instuted an SPA to paz estrada for the initiation of filing a case of efection of any 3rd person residng in the lot petitioner owns or make a compromise agreement in so far that it will protect the rights of the corproation. Paz estrada then came into a compromise agreement where in the agreement, it was stipulated that the private respondent will purchase the land in the sum of Php !,! #. private respondent then file a complaint he alleged that petitioner failed to e$ecute the agreement within % years and that petitioner failed to present the duplicate copy of the title of the lot. petitioner answered and asserted before respondent court of appeals that agent paz estrada is not authorized to sell the land and that she is only confined by the authority to institute and file an e&ectment case or if entering a compromise agreement, shoudl ensure that the corporation would take material possession of theland. 'A dismissed the complaint, on the basis of its finding that not one of the groundsfor annulment, namely, lack of &urisdiction, fraud or illegality was shown to e$ist. ()* denied the motion for reconsideration filed by petitioner, the allegednullity of the compromise &udgment on the ground that petitioners attorney in fact +illamit-strada was not authorized to sell the sub&ect property may be raised as adefense in the e$ecution of the compromise &udgment as it does not bind petitioner,but not as a ground for annulment of &udgment because it does not affect the &urisdiction of the trial court over the action nor does it amount to e$trinsic fraudssue:/01 petitioner is bound to the agreement made between its attorney in fact and private respondent. 2uling: 10, S' ruled that the SPA is e$plicit of the authority given to paz estradathat she can only initiate e&ection or enter in to compromise agreement that petitioner can take material possession of the land. also, /hen the sale of a piece of land or any interest thereon is through an agent,the authority of the latter shall be in writing otherwise, the sale shall be void.(4* 5hus the authority of an agent to e$ecute a contract for the sale of real estate must be conferred in writing and must give him specific authority, either toconduct the general business of the principal or to e$ecute a binding contract containing terms and conditions which are in the contract he did e$ecute. (6#* A special power of attorney is necessary to enter into any contract by which the ownership of an immovable is transmitted or ac7uired either gratuitously or for a valuable consideration. (66* 5he e$press mandate re7uired by law to enable an appointee of an agency 8couched9 in general terms to sell must be one that e$pressly mentions a sale or that includes a sale as a necessary ingredient of the act mentioned. (6* or the principal to confer the right upon an agent to sell real estate, a power of attorney must so e$press the powers of the agent in clear and unmistakable language. /hen there is any reasonable doubt that the language so used conveys such power, no such construction shall be given the document. (63* t is therefore clear that by selling to respondent Perez a portion of petitioners  land through a compromise agreement, +illamil-strada acted without or in obvious authority. 5he sale ipso &ure is conse7uently void. So is the compromise agreement.5his being the case, the &udgment based thereon is necessarily void. Antipodal to the opinion e$pressed by respondent court in resolving petitioners motion for reconsideration, the nullity of the settlement between +illamil-strada and Perez impaired the &urisdiction of the trial court to render its decision based on the compromise agreement.
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