Florentina Bautista-Spille Represented By Her Attorney-In-Fact v. Nicorp Management

Summary

This case involves the validity of a contract to sell real property executed by an agent under a general power of attorney. Petitioner Florentina Bautista-Spille challenged the sale of her property by her brother Benjamin to NICORP, arguing he lacked authority under the general power of attorney. The Supreme Court ruled that a special power of attorney is required for real property sales under Articles 1874 and 1878 of the Civil Code. The general power of attorney, being couched in broad administrative terms, did not confer the specific authority to sell. NICORP was not a good faith purchaser as evidenced by the contract provision requiring Benjamin to secure a special power of attorney and imposing penalties for delay, indicating knowledge of his insufficient authority. The Court reinstated the trial court's decision declaring the contract null and void.