Title
Katigbak vs. Po Sun Suy
Case
G.R. No. 29917
Decision Date
Dec 29, 1928
An unrecorded power of attorney was interpreted to grant authority over property acquired during its validity, affirming the plaintiff's ownership and ordering defendants to pay unpaid rents.
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Case Digest (G.R. No. 29917)

Facts:

  • The case involves Jose M. Katigbak (plaintiff and appellee) and Tai Hing Co., represented by Po Sun Suy and Po Ching (defendants and appellants).
  • Gabino Barreto Po Ejap owned a parcel of land with improvements, which was mortgaged to the Philippine National Bank.
  • On November 29, 1921, Po Tecsi granted Gabino a general power of attorney to manage his properties.
  • On December 15, 1921, Po Tecsi acknowledged a debt of P68,000 to Gabino for properties sold to him.
  • Gabino sold the land to Jose M. Katigbak on November 22, 1923, using the power of attorney, but the sale was not recorded.
  • Po Tecsi continued to occupy the property and leased it to Uy Chia, with the lease recorded.
  • After Po Tecsi's death on November 26, 1926, his son Po Sun Suy became the estate administrator and collected rents.
  • Katigbak filed a complaint for unpaid rents against Tai Hing Co., later amending it to include Po Sun Suy and Po Ching.
  • The lower court ruled in favor of Katigbak, ordering the defendants to pay P28,500 in unpaid rents and legal interest.

Issue:

  • (Unlock)

Ruling:

  • The Court of First Instance of Manila had jurisdiction to try the case on its merits.
  • Gabino Barreto Po Ejap was authorized to sell the land to Jose M. Katigbak under the power of attorney executed by Po Tecsi.
  • Claims for unpaid rents accrued before Po Tecsi's death must be presented to the commi...(Unlock)

Ratio:

  • The court affirmed the jurisdiction of the Court of First Instance of Manila, stating that actions for rent recovery are personal and transitory, allowing the plaintiff to choose the venue.
  • The court noted that the intervenors, by raising ownership questions, submitted to the court's jurisdiction.
  • The power of attorney was deemed g...continue reading

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