This case has been cited 4 times or more.
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2016-01-11 |
LEONEN, J. |
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| Implied ratification may take the form of silence, acquiescence, acts consistent with approval of the act,, or acceptance or retention of benefits.[132] However, silence, acquiescence, retention of benefits, and acts that may be interpreted as approval of the act do not by themselves constitute implied ratification. For an act to constitute an implied ratification, there must be no acceptable explanation for the act-other than that there is an intention to adopt the act as his or her own.[133] "[It] cannot be inferred from acts that a principal has a right to do independently of the unauthorized act of the agent."[134] | |||||
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2015-10-19 |
MENDOZA, J. |
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| From the foregoing, it is clear that an SPA in the conveyance of real rights over immovable property is necessary.[20] In Cosmic Lumber Corporation v. Court of Appeals,[21] the Court enunciated, | |||||
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2011-06-01 |
PERALTA, J. |
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| One of the instances of estoppel is when the principal has clothed the agent with indicia of authority as to lead a reasonably prudent person to believe that the agent actually has such authority.[32] With the case of MEGAN, it had all the opportunity to repudiate the authority of Atty. Sabig since all motions, pleadings and court orders were sent to MEGAN's office. However, MEGAN never questioned the acts of Atty. Sabig and even took time and effort to forward all the court documents to him. | |||||
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2009-12-11 |
CARPIO, J. |
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| On the other hand, apparent authority is based on estoppel and can arise from two instances. First, the principal may knowingly permit the agent to hold himself out as having such authority, and the principal becomes estopped to claim that the agent does not have such authority. Second, the principal may clothe the agent with the indicia of authority as to lead a reasonably prudent person to believe that the agent actually has such authority.[48] In an agency by estoppel, there is no agency at all, but the one assuming to act as agent has apparent or ostensible, although not real, authority to represent another.[49] | |||||