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CITY-LITE REALTY CORPORATION v. CA

This case has been cited 1 times or more.

2007-02-09
CALLEJO, SR., J.
There is no evidence on record that, on or before July 1985, petitioner agreed to sell her property to the respondent for P250,000.00.  Neither is there any documentary evidence showing that Ventura was authorized to offer for sale or sell the property for and in behalf of petitioner for P250,000.00, or to receive the said amount from respondent as purchase price of the property.  The rule is that when a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void[64]and cannot produce any legal effect as to transfer the property from its lawful owner.[65]Being inexistent and void from the very beginning, said contract cannot be ratified.[66]  Any contract entered into by Ventura for and in behalf of petitioner relative to the sale of the property is void and cannot be ratified by the latter. A void contract produces no effect either against or in favor of anyone.[67]