The petitioner claimed his wife Irma falsified his signature to sell a property registered under his name. However, the court ruled in favor of the private respondent, finding the general power of attorney valid. It authorized the agent to sell the subject property. While labeled general, the power of attorney specified the authority to sell the land. The private respondent was also found to be an innocent purchaser in good faith who relied on the notarized power of attorney presented. Thus, the petitioner's claims were dismissed.
The petitioner claimed his wife Irma falsified his signature to sell a property registered under his name. However, the court ruled in favor of the private respondent, finding the general power of attorney valid. It authorized the agent to sell the subject property. While labeled general, the power of attorney specified the authority to sell the land. The private respondent was also found to be an innocent purchaser in good faith who relied on the notarized power of attorney presented. Thus, the petitioner's claims were dismissed.
The petitioner claimed his wife Irma falsified his signature to sell a property registered under his name. However, the court ruled in favor of the private respondent, finding the general power of attorney valid. It authorized the agent to sell the subject property. While labeled general, the power of attorney specified the authority to sell the land. The private respondent was also found to be an innocent purchaser in good faith who relied on the notarized power of attorney presented. Thus, the petitioner's claims were dismissed.
Topic: A special power of attorney can be - He prayed that the GPA and Deed of - Thus, there was no need
s, there was no need to execute a
included in the general power Absolute sale and TCT be annulled and separate and special power of attorney the subject property be reconveyed to since the general power of attorney had him expressly authorized the agent or attorney VELOSO v CA in fact the power to sell the subject property. - Respondent Escario in her answer alleged - The special power of attorney can be Facts: that: included in the general power when it is - She was a buyer in good faith and denied specified therein the act or transaction for - Petitioner Veloso was the owner of the any knowledge of the alleged irregularity which the special power is required. subject parcel of land whose title was - She relied on the general power of - registered in his name attorney of Irma which was sufficient in - private respondent was an innocent - Said title was subsequently cancelled and a form and substance and was duly purchaser for value. Respondent Escario new one was issued in the of one Escario notarized relied on the power of attorney presented by petitioner's wife, Irma. - Petitioner Veloso filed an action for - RTC – ruled in favor of respondent Escario - Being the wife of the owner and having with annulment of documents, reconveyance of - CA – affirmed her the title of the property, there was no property w/ damages etc reason for the private respondent not to - Petitioner Veloso alleged therein that: believe in her authority. - He was the absolute owner of the subject Issue/s: - Moreover, the power of attorney was property and he never authorized notarized and as such, carried with it the anybody not even his wife to sell it - presumption of its due execution. - He was in possession of the title but when his wife, Irma, left for abroad, he found - Even granting for the sake of argument, that out that his copy was missing Ruling: the petitioner's signature was falsified and - He then verified w/ the registry of deeds consequently, the power of attorney and and there he discovered that his title was the deed of sale were null and void, such already cancelled in favor of respondent - petitioner's contentions are not meritorious. fact would not revoke the title subsequently Escario - An examination of the records showed that issued in favor of private respondent - The transfer of property was supported the assailed power of attorney was valid and Escario by a General Power of Attorney and Deed regular on its face. - It was notarized and as such, it carries the of Absolute Sale executed by his wife, Irma who appears to be his attorney-in- evidentiary weight conferred upon it with respect to its due execution. fact, and Respondent Escario - He denied having executed the power of - While it is true that it was denominated as a attorney and alleged that his signature general power of attorney, a perusal was falsified thereof revealed that it stated an authority - He also denied having seen or even to sell, to wit: known the supposed witnesses in the - 2. To buy or sell, hire or lease, mortgage execution of power of attorney or otherwise hypothecate lands, tenements and hereditaments or other - He denied having met or transacted w/ the defendant forms of real property, more specifically TCT No. 49138, upon such terms and - He contended that the sale of the property and the subsequent transfer conditions and under such covenants as my said attorney shall deem fit and thereof were null and void proper.