Philippine Bar review · Question

Practice question: Special Power of Attorney

Multiple Choice Hard

Practice question

Lina signs a document entitled 'Special Power of Attorney,' but its operative text authorizes only collecting rentals and paying utility bills for a parcel. Her agent uses it to sell the land. The buyer argues that the title alone authorizes every disposition. No separate authority or ratification is alleged. Which is correct?
  1. The document's title automatically grants unlimited dominion
  2. Collection authority necessarily includes sale of the property
  3. The operative grant must authorize the land sale; the title and stated administrative tasks alone do not supply that authority
  4. The buyer may supply authority on Lina's behalf
  5. The agent may ignore all limitations because the document is signed

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1874, 1877–1881.

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