P, who was in Hongkong, made an overseas call to A, his friend, to sell P’s lot in Quezon City immediately as P needed cash. Accordingly, A sold the lot to B. The deed of sale is in a public document. The sale of P’s lot is:*a. Validb. Rescissiblec. Unenforceabled. Void
Question
P, who was in Hongkong, made an overseas call to A, his friend, to sell P’s lot in Quezon City immediately as P needed cash. Accordingly, A sold the lot to B. The deed of sale is in a public document. The sale of P’s lot is:*a. Validb. Rescissiblec. Unenforceabled. Void
Solution
The sale of P's lot is unenforceable. Here's why:
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In the scenario given, P gave A the authority to sell his lot. However, this authority was given verbally over a phone call.
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Under the law, specifically Article 1874 of the Civil Code of the Philippines, the authority of the agent (in this case, A) to sell an immovable property (like a lot) must be in writing; otherwise, the sale shall be void.
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Therefore, since the authority given by P to A was not in writing, the sale of the lot to B is unenforceable unless ratified.
So, the correct answer is c. Unenforceable.
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