Quick answer

Act immediately. An attorney-in-fact may sell land only if the principal gave written authority that clearly includes the power to sell. A general authority to manage property is ordinarily limited to administration and does not, by itself, authorize a sale. If there was no written authority, the supposed authority was forged, the power had already ended, or the agent exceeded its express limits, the sale may be void or otherwise ineffective against the owner.

Do not assume, however, that the Registry of Deeds can simply reverse a registered transfer. If the deed has been registered or the buyer has taken possession, the owner will commonly need a court action to nullify the deed, cancel or correct the resulting title, recover the property, quiet title, obtain an injunction, and claim appropriate damages. The buyer’s good faith, later transfers, the wording and validity of the power of attorney, the owner’s conduct after the sale, co-ownership, and possible forgery can materially affect the remedy.

Have a Philippine property lawyer review the documents urgently—especially before the property is resold, mortgaged, developed, or delivered to another person.

First determine what “without authority” means

The legal result depends on the actual defect. Common situations include:

There was no power of attorney at all.
The authority was oral only.
The document authorized management, collection of rent, payment of taxes, or another administrative act—but not a sale.
The document authorized a mortgage, not a sale. A special power to mortgage does not include the power to sell, and a special power to sell does not include the power to mortgage.
The agent sold a different property, a greater share, or an interest not covered by the authority.
The agent departed from an express limitation written into the power, such as the authorized price, buyer, payment terms, or transaction period.
The power had already been revoked or the agency had otherwise ended.
The principal or agent had died before the transaction, subject to narrow statutory exceptions.
The principal’s signature on the power of attorney or deed was forged.
One co-owner purported to sell the shares of the other co-owners without authority.

These are not interchangeable. The original power of attorney, deed of sale, title history, registration documents, and surrounding conduct must be examined together.

The governing rule for the sale of land

Article 1874 of the Civil Code states that when land or an interest in land is sold through an agent, the agent’s authority must be in writing; otherwise, the sale is void. Article 1878 also requires special authority to enter into a contract that transmits or acquires ownership of immovable property.

A power of attorney expressed only in general terms ordinarily covers acts of administration. To authorize a sale, its language must clearly and unmistakably confer the power to sell. The special authority may appear within a broader power-of-attorney document; the document does not necessarily have to bear the label “Special Power of Attorney.” What matters is whether the written authority expressly and adequately covers the sale.

The Supreme Court has applied these requirements strictly. In Litonjua, Jr. v. Eternit Corporation, the Court explained that authority to sell land must be written and stated in clear terms. More recently, Heirs of Ureta v. Heirs of Ureta reiterated that merely referring to an alleged special power of attorney is insufficient when the required written authority is not produced in evidence.

The relevant statutory provisions appear in the Civil Code of the Philippines, particularly Articles 1317, 1874, 1877 to 1879, 1881, 1897 to 1902, 1910 to 1911, and 1919 to 1931.

When an agent exceeds an existing written power

A transaction may present a different issue when a genuine written power expressly authorizes a sale, but the agent violates private instructions or exceeds particular restrictions.

As to third persons, the written terms shown to them are crucial. Under Article 1900, an act within the written terms of the power of attorney may be treated as within the agent’s authority even if the agent violated a separate private understanding. Article 1902 provides that secret instructions do not prejudice a third person who relied on the power or instructions presented.

Conversely, a buyer who knew that the agent lacked authority, saw restrictions the transaction violated, or ignored facts calling for further inquiry will have difficulty claiming good faith. Article 1898 treats an excessive act as void when the buyer knew the limits of the agent’s authority and the principal did not ratify it. The agent may also incur personal liability under Article 1897.

This is why the precise text of the power—and what the buyer, notary, broker, bank, and Registry of Deeds actually saw—can decide the case.

Do not accidentally ratify the transaction

A principal is generally not bound by obligations the agent incurred beyond the agent’s authority unless the principal ratifies them expressly or tacitly. Possible evidence of ratification may include knowingly accepting or retaining the sale proceeds, affirming the transaction in writing, demanding performance under the sale, or behaving in a way clearly inconsistent with rejection.

But the law distinguishes unauthorized contracts that may be ratified under Articles 1317, 1403, and 1910 from sales that are void under Article 1874 because the agent had no written authority to sell land. Supreme Court decisions have treated an Article 1874 sale as void and incapable of ratification, including San Juan Structural and Steel Fabricators, Inc. v. Court of Appeals.

Because characterization depends on the precise facts and documents, do not spend, distribute, deposit, or negotiate any payment from the transaction before obtaining advice. If money was credited to an account without consent, document it and ask counsel how to preserve or segregate it without implying acceptance.

What to do immediately

1. Secure certified title and registration records

Obtain from the Registry of Deeds having custody of the title:

A certified true copy of the current Transfer Certificate of Title or Condominium Certificate of Title
Copies of prior titles in the chain of transfer
The registered deed of sale
The power of attorney used for registration
Entry, annotation, and registration details
Any mortgage, adverse claim, levy, notice of lis pendens, or other encumbrance
Supporting documents available in the registration file

Check whether the title remains in the owner’s name, has already been transferred to the buyer, or has been transferred or mortgaged again.

2. Preserve the owner’s duplicate and original documents

Keep the owner’s duplicate certificate, original power of attorney, revocation, deeds, tax declarations, receipts, correspondence, and identification records in a secure place. Do not hand an original to the disputed agent or buyer.

Under Section 53 of the Property Registration Decree, an owner’s duplicate certificate is generally required to register a voluntary instrument. If the genuine owner’s duplicate has always remained with the owner, tell counsel immediately and document continuous possession of it.

3. Send a carefully drafted written notice

Through counsel, notify the attorney-in-fact, buyer, broker, notary, and any known bank or later transferee that:

the sale is disputed;
the agent lacked or exceeded authority;
the principal does not consent to or affirm the transaction;
no further transfer, mortgage, construction, or delivery should occur; and
relevant documents and electronic communications must be preserved.

A demand letter creates evidence of notice, but it does not by itself cancel a deed, reverse a registered title, or prevent every later dealing.

4. Stop further dealings lawfully

If the property is in immediate danger of being resold, mortgaged, occupied, demolished, or developed, ask counsel about seeking a temporary restraining order or preliminary injunction. Court-ordered provisional relief requires legal and factual grounds; it is not automatic.

Do not use force, threaten occupants, destroy improvements, seize documents, or rely on self-help that could create civil or criminal exposure.

5. File the appropriate court action promptly

Depending on the facts, counsel may consider claims for:

declaration of nullity or unenforceability of the deed;
cancellation of the deed and resulting certificate of title;
reconveyance;
quieting of title;
recovery of ownership or possession;
accounting and delivery of sale proceeds;
damages against the agent and other responsible parties; and
injunction or other provisional relief.

The action should generally be filed where the real property is situated. The proper first-level court or Regional Trial Court can depend on the nature of the principal relief and, for a real action, the property’s assessed value. Under Republic Act No. 11576, the current jurisdictional division for real-property actions generally places cases in the Regional Trial Court when the assessed value exceeds ₱400,000 outside Metro Manila or ₱2,000,000 in Metro Manila; cases not exceeding those amounts generally fall within the proper first-level court. Pleading the assessed value and paying the correct docket fees can be jurisdictionally important.

Before filing, counsel should also determine whether barangay conciliation is required based on the parties’ residences and the statutory exceptions, including situations requiring urgent legal action or provisional relief.

6. Record a notice of lis pendens when legally available

Once an action affecting title to or possession of the property has been filed, a party claiming affirmative relief may record a notice of lis pendens with the Registry of Deeds. Under Section 14, Rule 13 of the Rules of Court, the notice gives constructive notice of the pending case from the time it is recorded.

A lis pendens does not decide ownership or automatically prohibit a transaction. It warns later purchasers and encumbrancers that their interests may be affected by the case. It must describe the case and property properly, and the court may cancel an unnecessary or abusive notice.

An adverse claim under Section 70 of the Property Registration Decree may be relevant in some situations before or apart from litigation, but it is not a universal substitute for a court action or lis pendens. Its availability and wording should be assessed by counsel.

If the power of attorney or deed was forged

Forgery is more serious than an agent merely exceeding genuine authority. Preserve:

Original documents bearing genuine signatures
Government IDs and historical signature specimens
The questioned power of attorney and deed
Notarial details, including the document number, page, book, and series
Evidence showing the owner’s location on the supposed signing date
Travel, immigration, hospital, employment, banking, or communications records
Messages involving the agent, buyer, witnesses, broker, and notary
CCTV footage and electronic-file metadata, if available
Proof that the genuine owner’s duplicate title remained with the owner

Ask counsel to obtain the notary’s register entry and available supporting records. A notarized document is presumed regular, but that presumption may be overcome by competent evidence. Do not alter originals or write on questioned documents. A forensic document examination may be useful, but its necessity and evidentiary value should be evaluated for the particular case.

Section 53 of the Property Registration Decree declares a subsequent registration procured through a forged duplicate certificate, forged deed, or other forged instrument null and void. The Supreme Court discussed this provision and the need to examine the complete chain of title in Spouses Peralta v. Heirs of Abalon.

What if the buyer claims to be innocent?

Good faith is not established merely by saying, “I relied on the title.” A purchaser invoking good faith and value must generally show that the property was bought without notice of another person’s right, for a full and fair consideration, and without circumstances requiring further inquiry.

Warning signs may include:

The seller was not the registered owner.
The power of attorney was missing, facially limited, expired, irregular, or inconsistent with the deed.
The buyer knew the owner disputed the sale.
Another person was openly possessing the property.
The price or payment arrangements were highly unusual.
The title bore an adverse annotation.
The owner’s duplicate was not available through a credible source.
The agent sold to themselves, a close associate, or a related entity under suspicious terms.
The signatures, identities, notarization, or dates were inconsistent.
The registered owner was already dead when the supposed sale occurred.

Good-faith doctrines involving registered land are highly fact-sensitive, particularly when the property has passed through more than one buyer. Courts distinguish a direct transferee from the unauthorized or fraudulent actor from a later purchaser relying on an already issued title. Never assume that the original owner will automatically recover the land—or automatically lose it—without examining every transfer and the notice attributable to each party.

Co-owned and conjugal property require separate analysis

An agent or co-owner cannot ordinarily dispose of another owner’s share without authority. A co-owner may, however, sell their own undivided interest. Under Article 493 of the Civil Code, such a transfer is limited to the portion that may eventually be allotted to the seller in partition. The Supreme Court applied this distinction in Unchuan v. Lozada.

Property belonging to spouses may also be governed by the Family Code’s rules on administration and disposition of community or conjugal property. The absence of a spouse’s legally required written consent can produce consequences different from an ordinary unauthorized-agency case. The marriage date, property regime, source of the property, deed date, and any court authorization must be checked separately.

Can the agent be criminally charged?

Possibly, but lack or excess of authority is not automatically a crime. Criminal liability requires proof of every element of a specific offense beyond reasonable doubt.

A forged power of attorney, deed, signature, acknowledgment, or notarial entry may support investigation for falsification or use of a falsified document. Obtaining property or money through deceit, or fraudulently keeping proceeds entrusted to the agent, may implicate estafa depending on how the transaction occurred. Other offenses may apply to the proven facts.

Bring the original evidence and a coherent chronology to a lawyer before filing. A complaint may be presented to the appropriate law-enforcement agency or prosecutor’s office, but a criminal complaint does not automatically restore title or replace the needed civil and land-registration remedies. Likewise, a civil dispute should not be mislabeled as a crime merely to pressure the other side.

Evidence to preserve

Create a dated, read-only file containing:

All versions of the power of attorney and any revocation
The deed of sale and acknowledgment page
Certified title and registration records
Tax declarations and real-property tax receipts
Proof of ownership, possession, improvements, rentals, and expenses
Bank records showing where the price was paid
Receipts, checks, deposit slips, and remittance records
Text messages, emails, chat exports, call logs, and letters
Advertisements and broker communications
Photographs and videos of the property and occupants
The names and contact details of witnesses
Proof of the principal’s location, health, or capacity on relevant dates
Death certificates, if authority may have been exercised after death
Corporate or partnership approvals if the owner is an entity
A chronological account of discovery, notices, demands, transfers, and possession

Retain native electronic files, not only screenshots. Keep backups and record where each document came from. Avoid editing metadata or coaching witnesses.

Common mistakes to avoid

Waiting because the owner still holds an old duplicate title
Relying only on a demand letter or verbal report to the Registry of Deeds
Signing a compromise, confirmation, quitclaim, receipt, or corrective deed without advice
Accepting or spending sale proceeds before deciding whether to reject the transaction
Assuming notarization proves actual authority
Treating a broad management clause as an automatic power to sell
Filing only against the agent while omitting the buyer, present registered owner, mortgagee, or another indispensable party
Filing in the wrong court or failing to allege the property’s assessed value
Recording an inaccurate adverse claim or lis pendens
Using force to remove occupants
Losing original documents or relying entirely on uncertified online copies
Waiting for a criminal investigation before protecting the property through civil remedies

Deadlines and prescription

Do not rely on the statement that a “void contract never prescribes” as permission to delay.

Article 1410 provides that an action or defense to declare the inexistence of a void contract does not prescribe. The Supreme Court has applied that principle to certain sales made without the required authority. But a case may involve additional or alternative causes of action with different periods:

A real action over immovable property may be subject to a 30-year period under Article 1141.
An action based on a written contract or an obligation created by law generally has a 10-year period under Article 1144.
An action based on injury to rights or quasi-delict generally has a four-year period under Article 1146.
Reconveyance based on an implied trust is commonly analyzed under a 10-year period, although the accrual date and the owner’s possession can change the result.
Quieting of title is generally treated as imprescriptible while the plaintiff remains in possession, but a 30-year period may apply when the plaintiff is out of possession.
A claim against the Assurance Fund under the Property Registration Decree has its own statutory requirements and time limit.
Actions to recover physical possession can have much shorter procedural periods, including the one-year requirements associated with forcible entry or unlawful detainer.

The nature of the action, possession, fraud, actual or constructive notice, registration dates, later buyers, and relief requested all matter. Delay can also make evidence disappear and allow additional transfers even when a nullity theory remains available.

When legal help is urgent

Seek immediate assistance if:

a new deed, mortgage, or transfer is being processed;
the buyer is advertising or negotiating a resale;
construction, demolition, or eviction is threatened;
the Registry of Deeds has already issued a new title;
the owner’s duplicate title or original power is missing;
signatures or notarization appear forged;
the supposed sale occurred after the owner’s death;
a bank is about to release or foreclose a loan secured by the property;
occupants are being removed or possession has changed;
a summons, subpoena, demand, or prosecutor’s notice has been received; or
any arguably applicable prescriptive period is near.

Frequently asked questions

Can the Registry of Deeds cancel the buyer’s title upon my request?

Ordinarily, no. The Register of Deeds performs a ministerial registration function and generally cannot finally adjudicate contested ownership, forgery, or the validity of a deed. A court order is commonly necessary to cancel an issued title or resolve a genuine adverse claim.

Is notarization enough to validate the sale?

No. Notarization does not create authority that the principal never gave. It may give the document evidentiary presumptions and make it registrable in form, but those presumptions can be challenged with proper evidence.

Does a general power of attorney allow the agent to sell land?

Not merely because it uses broad language. A general grant ordinarily covers administration. The written instrument must clearly include the power to sell, although that special authority may be written within a document otherwise called a general power of attorney.

What if the principal verbally told the agent to sell?

Article 1874 requires written authority for an agent’s sale of land or an interest in land. An alleged oral instruction is therefore not a safe or legally sufficient substitute.

Can the principal revoke the power after the sale?

Revocation ordinarily affects future authority; it does not automatically undo a transaction validly completed within existing authority. If the sale was unauthorized from the beginning, the issue is its original validity rather than retroactive revocation. Notice of revocation to the agent and relevant third persons remains important.

Does the principal’s death automatically terminate the power?

As a general rule, agency ends upon the death of the principal or agent. Articles 1930 and 1931 recognize narrow exceptions, including an agency constituted in the common interest and certain acts done without knowledge of death where the third party acted in good faith. The exception must be proved; the mere existence of an old power of attorney is not enough.

If one co-owner signed, is the entire sale void?

Not necessarily. A co-owner may transfer their own undivided share, but ordinarily cannot convey the shares of the other co-owners without authority. The buyer may acquire only the selling co-owner’s eventual share upon partition.

Can I recover the sale price from the agent?

An agent must account for money received by virtue of the agency and is responsible for fraud and negligence. Recovery may be sought through accounting, restitution, damages, or other appropriate claims, depending on who holds the money and whether the sale is upheld or nullified.

Should I file a civil case or a criminal complaint first?

There is no universal sequence. If the property is about to be transferred or encumbered, immediate civil protection may be the priority. If forgery or fraud occurred, a criminal complaint may also be appropriate. The two tracks serve different purposes and must be coordinated carefully.

Official legal sources

This article provides general Philippine legal information, not legal advice or a prediction of any case’s outcome. Property and agency disputes turn on the exact documents, title history, possession, parties, and dates. Consult a Philippine lawyer who can inspect the originals and protect any approaching deadline. Sources and procedures checked as of 3 September 2026.