G.R. Nos. 78295, 10 April 1989

FACTS:

On April 6, 1983, Maria Carmen Gabriel y Paterno, single, 72 years old, executed a donation mortis causa in favor of her widowed sister-in-law, Josefina C. Gabriel, 75 years of age, over a 3,081 square-meter parcel of land with improvements in Sampaloc, Manila, covered by Transfer Certificate of Title No. 155865 in Carmen’s name. The donation was thumbmarked by Carmen before Notary Public Jose T. Constantino. It was accepted by the donee in the same instrument.

Four months later, on August 11, 1983, Carmen, who was already gravely ill with breast cancer, executed a Last Will And Testament in which she bequeathed the same Sampaloc property to her cousin and companion, Remedios C. Muyot, and willed a small 240-square-meter lot in Antipolo, Rizal to Josefina. She named a friend, Concepcion M. De Garcia, as executrix of her will.

On November 3, 1983, Josefina registered an adverse claim on the title of the Sampaloc property based on the donation made by Carmen in her favor.

The next day, November 4, 1983, Remedios Muyot, as Carmen’s attorney- in-fact, hired Atty. Celso D. Laviña, as Carmen’s counsel, on a 30% contingent fee basis.

On November 19, 1983, Carmen thumbmarked an “AFFIDAVIT OF DENIAL” repudiating the donation of the Sampaloc property to Josefina because it was allegedly procured through fraud and trickery. She alleged that in April 1983, she still could sign her name, and that she had no intention of donating the property to Josefina who had not done her any favor and in fact abandoned her during her illness.

On the same occasion, November 19, 1983, she thumbmarked a “REVOCATION OF DONATION” before Notary Public James Beltran.

On December 5, 1983, Josefina filed a complaint in the Regional Trial Court of Manila against Carmen’s estate and the Register of Deeds of Manila to annul the Deed of Revocation of Donation. She alleged that the deed of revocation, made only ten (10) days before Carmen’s death, was false and fictitious. She asked the court to appoint an administrator ad litem for the estate of Carmen P. Gabriel. Without appointing a special administrator for Carmen’s estate, the court caused summons to be served on the estate. The summons was received by Remedios Muyot.

On January 24, 1984, the Cebreros registered the sale of the Sampaloc property to them and obtained TCT No. 158305 in their names.

On February 6, 1984, Josefina’s complaint was amended, in addition to the original causes of action, the amended complaint sought the nullification of Muyot’s General Power of Attorney and the sale of the Sampaloc property to the Cebrero spouses .

Atty. Laviña filed an Answer for the Estate and Muyot. Thereupon, Josefina filed a motion to disqualify him on the ground that his authority as counsel for Carmen was extinguished upon her death. She also assailed the service of summons to the decedent’s Estate through Muyot and reiterated her motion for the appointment of a special administrator for the Estate. Atty. Laviña opposed the motions.

ISSUE:

Whether or not Attorney Celso Laviña’s authority as counsel for Carmen P. Gabriel was extinguished upon her death.

RULING:

The petitioner’s contention that the agency was “constituted in the common interest of the principal and the agent” and that hence it was not extinguished by the death of the principal is refuted by the instrument itself which explicitly provided that the powers conferred on the agent were to be exercised for the “sole benefit” of the principal, Carmen P. Gabriel.

Carmen’s death likewise divested Attorney Laviña of authority to represent her as counsel. A dead client has no personality and cannot be represented by an attorney.

*Case digest by Catherine C. Velasco, LLB-IV, Andres Bonifacio College, SY 2019 – 2020