Coronel V Constantino
Coronel V Constantino
Coronel V Constantino
Doctrine : A contract entered into in the name of another by one who has no
authority or legal representation or who has acted "beyond his powers shall be unenforceable, unless it
is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is
revoked by the other contracting party”
Facts
Constantino and Buensuceso filed a complaint for declaration of ownership, quieting of title and
damages with prayer for writ of mandatory and/or prohibitory injunction with against Benjamin, Emilia
and John Does alleging that Jess C. Santos and Priscilla Bernardo purchased the property belonging to
Emilia and her sons by virtue of a deed of sale signed by Emilia and that Santos and Bernardo in turn
sold the same to Constantino and Buensuceso by virtue of a compromise agreement and they are the
owners of the subject property
Defendants stipulated that the property in question was previously owned by Honoria
Aguinaldo, one-half (1/2) of which was inherited by the defendants while the other half was inherited by
the plaintiffs from the same predecessor and it was admitted by counsel for the defendants that there
was a sale between Jess Santos and the plaintiffs covering the subject property
The trial court rendered a decision in favor of the plaintiffs and declaring as sole and absolute
owners of the properties
Issue
Whether or not herein plaintiffs-respondents are the owners of the subject property?
Ruling
The Supreme Court held that The subject property was co-owned,pro-indiviso, by petitioner
Emilia together with her petitioner son Benjamin, and her two other sons, Catalino and Ceferino. No
proof was presented to show that the co-ownership that existed among the heirs of Ceferino and
Catalino and herein petitioners has ever been terminated.
Art. 1317. No one may contract in the name of another without being authorized by the latter, or unless
he has by law a right to represent him.
"A contract entered into in the name of another by one who has no authority or legal representation or
who has acted "beyond his powers shall be unenforceable, unless it is ratified, expressly or impliedly, by
the person on whose behalf it has been executed, before it is revoked by the other contracting party
WHEREFORE, the assailed Decision and Resolution of the Court of Appeals are AFFIRMED with
the following MODIFICATIONS: