LIM VS. PP (GR NO.

L-34338, NOVEMBER 21, 1984)

FACTS: Sometime in January 10, 1966, a document was

signed by the appellant Valeria Lim acknowledging receipt of
615 kilos of leaf tobacco in the total amount of P799.00 with
the condition if the item will be sold such amount will be given
to Maria de Guzman.
Payments were made by appellant to de Guzman in
staggered in the total amount of P240.00. As no further
amount was paid, de Guzman filed a complaint for estafa
against Valeria Lim.

ISSUE: WON EXHIBIT A IS A CONTRACT OF AGENCY TO

SELL OR A CONTRACT OF SALE?

HELD: Exhibit A is a contract of agency. It is clear in the

agreement that the proceeds of the sale of the tobacco should
be turned over to the complainant as soon as the same was
sold, or that the obligation was immediately demandable as
soon as the tobacco was disposed of. Appellant has the
obligation to turn over the proceeds of the sale to the private
respondent if the tobacco was sold, strongly negates transfer
of ownership of the goods to the petitioner and this agreement
constitutes her as an agent with the obligation to return the
tobacco if the same was not sold.