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  • Report On Estoppel 1437 To 1439

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    Maria Luces
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    The document discusses the legal concept of estoppel as it relates to ownership of property. It provides examples of when a party may be estopped from asserting ownership over real or personal property if they have previously misled or allowed another party to assume apparent ownership. Specifically, it notes that estoppel prevents a party from claiming a right to property if they previously made fraudulent misrepresentations that led another party to purchase the property in good faith. The document also discusses estoppel by acceptance of benefits, where a party is estopped from challenging a transaction if they have accepted and retained the benefits of that transaction.

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    Report on Estoppel 1437 to 1439

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    The document discusses the legal concept of estoppel as it relates to ownership of property. It provides examples of when a party may be estopped from asserting ownership over real or personal property if they have previously misled or allowed another party to assume apparent ownership. Specifically, it notes that estoppel prevents a party from claiming a right to property if they previously made fraudulent misrepresentations that led another party to purchase the property in good faith. The document also discusses estoppel by acceptance of benefits, where a party is estopped from challenging a transaction if they have accepted and retained the benefits of that transaction.

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    © All Rights Reserved
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    38 views2 pages

    Report On Estoppel 1437 To 1439

    Uploaded by

    Maria Luces
    The document discusses the legal concept of estoppel as it relates to ownership of property. It provides examples of when a party may be estopped from asserting ownership over real or personal property if they have previously misled or allowed another party to assume apparent ownership. Specifically, it notes that estoppel prevents a party from claiming a right to property if they previously made fraudulent misrepresentations that led another party to purchase the property in good faith. The document also discusses estoppel by acceptance of benefits, where a party is estopped from challenging a transaction if they have accepted and retained the benefits of that transaction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    FIRST SLIDE:

    Art. 1437. When in a contract between third persons concerning immovable property, one of them is
    misled by a person with respect to the ownership of real right over the real estate the latter is precluded
    from asserting his legal title or interest therein, provided all these requisites are present:

    1. There must be fraudulent representation or wrongful concealment of facts known to the party
    estopped;
    2. The party precluded must intend that the other should act upon the facts as misrepresented;
    3. The party misled must have been unaware of the true facts; and
    4. The party defrauded must have acted in accordance with misrepresentation

    SECOND SLIDE:

    Estoppel against owner of immovable.

    The rule is well settled that the title to land or real property may pass by an equitable estoppel which is
    effectual to take the title to land from one person and vest it in another where justice requires that such
    action be done.

    THIRD SLIDE:

    Example: X, owner of a parcel of land, and Y made it appear in a document that Y is the real owner. Y or
    his successors in interest cannot afterwards assert ownership over the land as it cannot be said that Y
    was misled by the false representation being party to the same.

    X would have been estopped from claiming any right over the property had it been sold by Y to Z, a
    purchaser in good faith.

    FOURTH SLIDE:

    Art. 1438. One who has allowed another to assume apparent ownership of personal property for the
    purpose of making any transfer of it, cannot, if he received the sum for which a pledge has been
    constituted, set up his own title to defeat the pledge of the property, made by the other to a pledgee
    who received the same in good faith and for value.

    FIFTH SLIDE:

    Estoppel by acceptance of benefits.

    This estoppel is based upon the acceptance and retention by one having knowledge of the facts of the
    benefits fro a transaction which he might have rejected.

    SIXTH SLIDE:

    It has been held that where an employee had accepted the benefits accruing from the abolition of his
    office by enjoying his unused vacation and sick leave and receiving the corresponding gratuity he is
    estopped from questioning its validity or deemed to have waived the right to contest the same.
    (Magana vs. Auditor General, 107 Phil. 900 [1960])

    SEVENTH SLIDE:
    A person who obtains a license under a law and seeks for a time to enjoy the benefits thereof, cannot
    afterwards, and when the license is sought to be revoked, the question, the constitutionality of an act
    (Philippine Scrappers, Inc. vs. Auditor General, 96 Phil. 454 [1955])

    EIGHTH SLIDE:

    Art.1439. Estoppel is effective only as between the parties thereto or their successors in interest.

    Parties Affected – An estoppel operates on the parties to the transaction out of which it arises and their
    privies. A stranger to a transaction is neither bound b, nor in a position to take advantage of, an estoppel
    arising therefrom.

    The reason for this rule is that mutuality is an essential element of an estoppel; an estoppel must bind
    both parties or neither is bound.

    NINTH SLIDE:

    No Estoppel against government – The government is not estopped by mistake or error on the part of its
    officials or agents, the erroneous application and enforcement of the laws by public officers does not
    prevents subsequent correct application of the statute.

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