Valera Vs Velasco

G.R. No.
L-28050
March 13, 1928
FEDERICO VALERA, plaintiff-appellant,

vs.
MIGUEL VELASCO, defendant-appellee.
VILLA-REAL, J.:
FACTS:
By virtue of the powers of attorney executed by the plaintiff-appellant, the defendant-appellee was appointed attorneyin-fact with authority to manage his property in the Philippines, consisting of the usufruct of a real property. The liquidation
of accounts revealed that the plaintiff-appellant owed the defendant P1,100, and as misunderstanding arose between
them, the defendant-appellee brought suit against the plaintiff-appellant . The trial court decided in favor of agent; sheriff
levied upon plaintiff-appellants right of usufruct, sold it at public auction and adjudicated it to defendant-appellee in
payment of his claim. Plaintiff-appellant sold his right of redemption to Eduardo Hernandez- Hernandez conveyed the
same right of redemption himself-but then another person Salvador Vallejo, who had an execution upon a judgment
against the plaintiff rendered in another case, levied upon said right of redemption- right of redemption sold to Vallejo and
was definitely adjudicated to him. Later, he transferred the said right of redemption to defendant-appellee. The title was
consolidated in his name,thus, the agent got the title to the right of usufruct to the aforementioned property.
ISSUE: WON the agency was terminated
HELD:
YES. Art 1732- Agency is terminated by: a) revocation, b)withdrawal of agent, c)death, interdiction, bankruptcy, or
insolvency of the principal or of the agent. While Art 1736- An agent may withdraw by giving notice to principal. If
principal suffer any damage, agent must indemnify him unless the agents reason should be the impossibility of continuing
to act as such without serious detriment to himself. The misunderstanding between the plaintiff and the defendant over the
payment of the balance of P1,000 due the latter more than prove the breach of the juridical relation between them; for,
although the agent has not expressly told his principal that he renounced the agency, yet neither dignity nor
decorum permits the latter to continue representing a person who has adopted such an antagonistic attitude
towards him. When the agent filed a complaint against his principal for recovery of a sum of money arising from the
liquidation of the accounts between them in connection with the agency, principal could not have understood otherwise
than that agent renounced the agency; because his act was more expressive than words and could not have caused any
doubt. In order to terminate their relations by virtue of the agency the defendant, as agent, rendered his final account on
March 31, 1923 to the plaintiff, as principal. Briefly, then, the fact that an agent institutes an action against his
principal for the recovery of the balance in his favor resulting from the liquidation of the accounts between them
arising from the agency, and renders and final account of his operations, is equivalent to an express
renunciation of the agency, and terminates the juridical relation between them. Hence, the said agent's purchase of
the aforesaid principal's right of usufruct at public auction held by virtue of an execution issued upon the judgment
rendered in favor of the former and against the latter, is valid and legal. Moreover, the defendant-appellee, having
acquired right of redemption from Salvador Vallejo, who had acquired it at public auction by virtue of a writ of execution
issued upon the judgment obtained by the said Vallejo against the said plaintiff, the latter lost all right to said usufruct.
Neither did the trial court err in not ordering the agent to render a liquidation of accounts from March 31, 1923, inasmuch
as he had acquired the rights of the plaintiff by purchase at the execution sale, and as purchaser, he was entitled to
receive the rents from the date of the sale until the date of the repurchase, considering them as part of the redemption
price; but not having exercised the right repurchase during the legal period, and the title of the repurchaser having
become absolute, the latter did not have to account for said rents.

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G.R. No.

March 13, 1928

FEDERICO VALERA, plaintiff-appellant,

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