- Petitioner
- Dy Buncio & Company
- Respondent
- Ong Guan Can
- Citation
- G.R. No. 40681
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Hull, J.
- Decided
- October 2, 1934
Summary
This case involved a dispute over a rice-mill and camarin in Capiz Province between judgment creditor Dy Buncio & Company and defendants claiming ownership through an agent's deed. Juan Tong and Pua Giok Eng claimed ownership based on a 1931 deed executed by Ong Guan Can Jr. as agent. The Supreme Court En Banc affirmed the lower court's ruling that the deed was invalid because the agent's 1928 power of attorney was limited and did not authorize property alienation under Civil Code Article 1713. The Court established that a subsequent limited power of attorney revokes a prior general one when inconsistent, citing Article 1732. Since the conveyance was invalid, the judgment debtor's properties remained subject to execution. This decision clarifies important principles regarding agency authority and the formal requirements for property alienation through agents.