Escolar Documentos
Profissional Documentos
Cultura Documentos
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* FIRST DIVISION.
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authority; (2) the third person, in good faith, relied upon such
representation; (3) relying upon such representation, such third
person has changed his position to his detriment. An agency by
estoppel, which is similar to the doctrine of apparent authority,
requires proof of reliance upon the representations, and that, in turn,
needs proof that the representations predated the action taken in
reliance.
On appeal
1
via a Petition for Review on Certiorari is the
Decision of the Court of Appeals (CA) in CAG.R. CV No.
51022, which affirmed the Decision of the Regional Trial Court
(RTC), Pasig City, Branch
2
165, in Civil Case No. 54887, as well
as the Resolution of the CA denying the motion for
reconsideration thereof.
The Eternit Corporation (EC) is a corporation duly
organized and registered under Philippine laws. Since 1950, it
had been engaged in the manufacture of roofing materials and
pipe products. Its manufacturing operations were conducted on
eight parcels of land with a total area of 47,233 square meters.
The properties, located in Mandaluyong City, Metro Manila,
were covered by Transfer Certificates of Title Nos.
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5 Id., at p. 396.
6 Id., at pp. 397398.
7 Id., at p. 240.
8 Id., at p. 241.
9 Id.
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Dear Sir:
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10 Id., at p. 399.
11 Id., at pp. 349400.
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II
III
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17 Id., at p. 15.
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Dear Sir,
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721, 729; Litonjua v. Fernandez, G.R. No. 148116, April 14, 2004, 427 SCRA
478, 489.
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agency24
must be established by clear, certain and specific
proof.
Section 23 of Batas Pambansa Bilang 68, otherwise known
as the Corporation Code of the Philippines, provides:
SEC. 23. The Board of Directors or Trustees.—Unless otherwise
provided in this Code, the corporate powers of all corporations formed
under this Code shall be exercised, all business conducted and all
property of such corporations controlled and held by the board of
directors or trustees to be elected from among the holders of stocks, or
where there is no stock, from among the members of the corporation,
who shall hold office for one (1) year and until their successors are
elected and qualified.
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27 Traders Royal Bank v. Court of Appeals, G.R. No. 78412, September 26,
1989, 177 SCRA 788, 792.
28 BPI Leasing Corporation v. Court of Appeals, G.R. No. 127624, November
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41 Rollo, p. 396.
42 Exhibits “C” and “C1,” Rollo, p. 165.
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43 Philippine National Bank v. Ritratto Group, Inc., supra note 25, at p. 503;
p. 223.
44 Orient Air Services and Hotel Representatives v. Court of Appeals, 274
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45Hill v. Delta Loan and Finance Company, 277 S.W. 2d 63, 65.
46 Litonjua v. Fernandez, supra note 22, at p. 494; Culaba v. Court of
Appeals, supra note 22, at p. 730; BA Finance Corporation v. Court of Appeals,
G.R. No. 94566, July 3, 1992, 211 SCRA 112, 116.
47 Donnan v. Adams, 71 S.W. 580.
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Petition denied.
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