UYTENGSU III v. ATTY. BADUEL
A.C. No. 5134; December 14, 2005
Ponente: J. Tinga
FACTS:
Complainant is one of the heirs of Tirso Uytengsu, Jr. He and his co-heirs had a pending patent application. He alleges that sometime in December 1998 respondent requested him to sign a special power of attorney (SPA) authorizing Luis Wee (Wee) and/or Thomas Jacobo (Jacobo) to claim, demand, acknowledge and receive on his behalf the certificates of title from the Register of Deeds, General Santos City, Department of Environment and Natural Resources and from any government office or agency due to complainant and his co-heirs by reason of their application for Homestead Patent.
Complainant refused to sign the SPA as he wanted to obtain the documents personally.
In essence, complainant asserts that respondent caused Kokseng to execute an SPA in favor of Wee and/or Jacobo to the damage and prejudice of the heirs of Tirso Uytengsu, Jr. even if he knew that Kokseng had no authority to do so.
ISSUE:
Whether Atty. Baduel exceeded his authority as counsel when he asked Uytengsu to sign an SPA
HELD:
No, Atty. Baduel did not exceed his authority as counsel.
The Supreme Court held that the relation of attorney and client is in many respects one of agency and the general rules of ordinary agency apply to such relation. The extent of authority of a lawyer, when acting on behalf of his client outside of court, is measured by the same test as that which is applied to an ordinary agent.
Such being the case, even respondent himself can acquire the certificates of title and other documents without need of an SPA from complainant and his co-heirs.
Complainant is one of the heirs of Tirso Uytengsu, Jr. He and his co-heirs had a pending patent application. He alleges that sometime in December 1998 respondent requested him to sign a special power of attorney (SPA) authorizing Luis Wee (Wee) and/or Thomas Jacobo (Jacobo) to claim, demand, acknowledge and receive on his behalf the certificates of title from the Register of Deeds, General Santos City, Department of Environment and Natural Resources and from any government office or agency due to complainant and his co-heirs by reason of their application for Homestead Patent.
Complainant refused to sign the SPA as he wanted to obtain the documents personally.
In essence, complainant asserts that respondent caused Kokseng to execute an SPA in favor of Wee and/or Jacobo to the damage and prejudice of the heirs of Tirso Uytengsu, Jr. even if he knew that Kokseng had no authority to do so.
ISSUE:
Whether Atty. Baduel exceeded his authority as counsel when he asked Uytengsu to sign an SPA
HELD:
No, Atty. Baduel did not exceed his authority as counsel.
The Supreme Court held that the relation of attorney and client is in many respects one of agency and the general rules of ordinary agency apply to such relation. The extent of authority of a lawyer, when acting on behalf of his client outside of court, is measured by the same test as that which is applied to an ordinary agent.
Such being the case, even respondent himself can acquire the certificates of title and other documents without need of an SPA from complainant and his co-heirs.
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