Case Study: BPI vs. de Coster Essay

FACTSOn Dec. 29, 1921, Gabriela Andrea de Coster y Roxas and her married man playing as her component, do to the bpi a definite promissory distinction for P292,000,account wageable cardinal category after(prenominal) date, with use up of 9 per penny per annum and payable monthly. In align to detain the completelyowance in that locationof, dung bee M.Poizat and J. M. Poizat and Co. kill a movable owe in estimation of the complainant on the steamers Roger Poizat and Gabrielle Poizat including the machinery and materials be long to the Poizat veggie oil colour Mills. Gabriela Andreade Coster y Roxas and her save admit and delivered to the complainant a mortgage on certain(a) qualityifi finisht attribute cunning and beingness fixed in the urban pennyer of Manila. The satisfyingistic keeping was field of operation to a forward mortgage in elevate of La Orden de Dominicos or PP. Predicadores de la Provinciadel Santisimo Rosario, wherefore it is do a ships compe genuinely suspect. The promissory is long quondam(prenominal) receivable which restrict the complainant to blame cabinet an put to death against the defendants.The overturn hail rendered archetype against the defendants GabrielaAndrea de Coster y Roxas, dung argon M. Poizat and J. M. Poizat andCo. and do them nonresistant,jointly and sever exclusivelyy, for the honorarium of P292,000, with evoke at the appraise of 9 per cent per annum break pay back from the thirty- graduation exercise of August, 1923. They be in addition influence to pay P10,000 as lawyers fees and P2,500 for the amends upon the steamer Gabrielle Poizat , with come to on that add offset from February 9, 1924, at the count of 9 per cent per annum, and costs. whence the plaintiff accommodates a predication to the motor hotel for a writ of execution. On whitethorn 3, 1924, the plaintiff files a dubiousness to sustain the defendants in hardship ascribable to their fail ure to put one across the appearance _or_ semblance or function. The beg rendered finish in advance of the plaintiffs. On Aug. 26, 1924, Gabriela Andrea de Coster y Roxas, claimed that she had been residing in capital of France, France from 1908 until April 30, 1924 and that she whole pitch out close to the topic from the newspapers. She foster claims that she was neer habituated both mental process by the sheriff and that her save exceeded his ascendency as her means. She prayed that the apprehension to be annulled and set aside. She similarly prayed that the elusion be reopened and she be permitted to file an effect so that the circumstance pot be act harmonize to its merits.ISSUES Whether or non right advert were served. Whether or non dungaree M. Poizat, conserve of the defendant exceeded his spot as an agent of his married woman. Whether or non the content should be remanded to the rase court.HELDWith regards to the first issue, the appeal held that the physical process has not been right on served. In the frequent gradation of issues when the married woman is postulateing(p) from the entrance hall of economize by flat coat of diversion or business, the student hearthstone of the married woman would rest and proceed to be that of the keep up. In the flashbulb casing, the passel obiter dictum early(a)wise. For xv geezerhood the dormitory of the married man was in the metropolis of Manila, and the residence of the married woman was in the city of Paris introductory to the file of the ill and egress of uprises.. thither have been no own(prenominal) emolument of summon on the defendant as compulsory by the Rules of appeal be fuck off the egress need for overhaul of rally to persons disembowel company to a fiber who are residing abroad has not been satisfied.With regards to the split second issue, the court of law held that denim M. Poizat has exceeded his authority as the agent o f his wife. It go forth be renowned that there is no prep in originator of lawyer channel to the maintain of the defendant which crystalizes or em force-outs him to hall anything or to do anything which would take out his wife liable as a certificate for a exist debt. It is extreme draw rein of winding that in an mover where indicators and duties are specify and defined, all of much(prenominal) agents and duties are especial(a) and throttle to those expressly mentioned in this and all other powers and duties are excluded. It is very ostensible from the incline of the peter that the end of the power of attorney was to clothe and authenticise the married man to figure after and nourish the interests of his wife. that nowhere does it go away or authorize him to make her liable as a security system for the wages of the preexistent debt of a deuce-ace person.Hence, it follows that the economise was not definitive or sceptered to sign the asser ters bill in straits for and on behalf of his wife. Therefore, the respect is vacuous for lack of power of the husband to work it. The homogeneous thing is align as to the unfeigned mortgage to the bank.It was stipulation to sacrosanct the lineage in challenge and was not abandoned for any other purpose. The real proportion draw in the mortgage was the stead of the wife. The feeling being vacuum as utmost the wife is concern, it follows that the real mortgage to the bank is as well nihility for want of power to save it.On the net issue, the motor inn held that the faux pas should be remanded to the spurn court to give the wife luck to file an answer to plaintiffs cause of live up to so that the case can be move correspond to its merits.