General Power of

Attorney
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General Power of Attorney

The agents is given the power to transact
all the businesses of his principal, or all
business of a particular kind or in a
particular place, or in other words, to do all
acts connected with a particular trade,
business or employment.

General Power of Attorney to

Sell Parcel of Land
Art. 1874, NCC
When a sale of a piece of land or any
interest therein is through an agent, the
authority of the latter shall be in writing;
otherwise, the sale is void.

Gregorio Jimenez vs Pedro Rabot, et. al.,

G.R. No. L-12579
July 27, 1918
What is deemed as sufficient in terms of
the description of the land?
-There is ample authority to the effect that a
person may by a general power of attorney an
agent to sell "all" the land possessed by the
principal, or all that he possesses in a particular
city, county, or state.

 where a person authorizes an agent to sell a

farm ("my farm") in a certain county, this is
sufficient, if it be shown that such party has
only one farm in that country
the power authorized the agent to sell or
convey "any or all tracts, lots, or parcels" of
land belonging to the plaintiff. It was held that
this was adequate

 the owner in effect authorized an agent to sell

everything he had in San Antonio Texas. The
authority was held sufficient
the authority granted was to the effect that the
agent might administer "the interests"
possessed by the principal in the municipality
of Tarlac and to that end he was authorized to
purchase, sell, collect, and pay, etc. It was
held that this was a sufficient power.

Special Power of Attorney vs.

General Power of Attorney
1. As to the scope of authority.
The agent in SPA is authorized to do
only one or more specific acts in
pursuance of particular instructions or
with restrictions necessarily implied from
the act to be done. While in GPA, the
agent is authorized to do all acts.

2. As to the continuous nature od service

authorized.
The agent in SPA is authorized to
conduct a single transaction or a series of
transactions not involving continuity of
service while in GPA the agent is
authorized to conduct transactions
involving a continuity of service.

3. As to the extent to which the agent may

bind principal.
In SPA, the agent cannot bind his
principal in a manner beyond the specific
acts which he is authorized to perform
while in GPA, the agent may bind his
principal by an act within the scope of his
authority, although contrary to his special
instructions.

4. As to termination of authority.
In SPA, the duty imposed upon the third
party to inquire makes termination of the
relationship as between the principal and
agent effective as to such third party while
in GPA, the authority created does not
terminate by the mere revocation of his
authority without notice to the third party.

5. As to the construction of instructions of

principal.
In SPA, it must be strictly pursued
while in GPA, though general, it must be
limited to such acts as are proper for an
agent to do.

Revocation of Power of Attorney

Art. 1920 NCC
The principal may revoke the agency at
will, and compel the agent to return the
document evidencing the agency. Such
revocation may be express or implied.