This case has been cited 4 times or more.
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2014-01-20 |
BERSAMIN, J. |
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| Not every kind of fraud justifies the action of annulment of judgment. Only extrinsic fraud does. Fraud is extrinsic, according to Cosmic Lumber Corporation v. Court of Appeals,[34] "where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority connives at his defeat; these and similar cases which show that there has never been a real contest in the trial or hearing of the case are reasons for which a new suit may be sustained to set aside and annul the former judgment and open the case for a new and fair hearing." | |||||
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2013-07-31 |
BRION, J. |
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| The special power of attorney mandated by law must be one that expressly mentions a sale or that includes a sale as a necessary ingredient of the authorized act. We unequivocably declared in Cosmic Lumber Corporation v. Court of Appeals[34] that a special power of attorney must express the powers of the agent in clear and unmistakable language for the principal to confer the right upon an agent to sell real estate. When there is any reasonable doubt that the language so used conveys such power, no such construction shall be given the document. The purpose of the law in requiring a special power of attorney in the disposition of immovable property is to protect the interest of an unsuspecting owner from being prejudiced by the unwarranted act of another and to caution the buyer to assure himself of the specific authorization of the putative agent.[35] | |||||
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2005-05-17 |
CALLEJO, SR., J. |
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| For his part, respondent Benito, Jr., through his uncle Henry, avers that the latter's authority to file the amended petition before the CA in their behalf was never questioned by the petitioners. He asserts that the CA admitted the amended petition containing the prayer that his uncle Henry be appointed as his guardian ad litem. Besides, the CA found that he and his brothers were not of sound and disposing minds; hence, the need for a guardian ad litem in the person of his uncle. He further alleges that the compromise agreement was the product of connivance between his sister and Benedick, and their respective counsels. He further points out that Atty. Simando, Benedick's counsel in the RTC, was likewise the counsel for Mary Jane when she filed her petition for letters of administration in the RTC of Naga City on December 17, 1996. He further insists that the ruling of the CA on the issues of extrinsic fraud and lack of jurisdiction of the RTC is in accord with law, and that the decision based on the compromise agreement was null and void for lack of jurisdiction.[34] | |||||