Types of Estoppel

The doctrine of estoppel provides that an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon.

The doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against its own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon.

There are three kinds of estoppels, to wit: 

(1) estoppel in pais; 

(2) estoppel by deed; and 

(3) estoppel by laches

The Supreme Court Decides: The mere fact that the agent was authorized to mortgage the property is not enough to bind the principal; the deed must also be executed and signed by the agent for and on behalf of his or her principal.

Agency is extinguished by the death of either the principal or the agent. Thus, any act by the agent subsequent to the principal’s death is void ab initio, unless the act fell under the exceptions established under Articles 1930 and 1931 of the Civil Code.

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