FEDERICO VALERA, Plaintiff-Appellant, vs. MIGUEL VELASCO

FEDERICO VALERA, plaintiff-appellant, vs.
MIGUEL VELASCO,
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-appellant’s 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 agent’s 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.

FEDERICO VALERA, Plaintiff-Appellant, vs. MIGUEL VELASCO

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FEDERICO VALERA, Plaintiff-Appellant, vs. MIGUEL VELASCO

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FEDERICO VALERA, plaintiff-appellant, vs.

ISSUE: WON the agency was terminated

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