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Tuazon v Heirs of Ramos

G.R No. 156262

July 14, 2005


The basis of agency is representation. There must be, on the part of the principal, an actual intention to
appoint, an intention naturally inferable from the principal’s words or actions. Likewise, there must be an
intention on the part of the agent to accept the appointment and act upon it. Absent such mutual intent,
there is generally no agency.


This case involves a collection of a sum of money which results from the bouncing check issued by
Evangeline Santos, indorsed by the spouse Leonilo and Maria Tuazon in payment of the remaining unpaid
cavans of rice. Despite repeated demands from the heirs of Ramos, spouses Tuazon failed to pay and
instead claimed that they are merely acting as agents and should not be held liable.


WON spouses Tuazon are considered agents of Ramos?


NO. The declarations of agents alone are generally insufficient the fact of their authority as agents. The
law makes no presumption of agency. The person alleging must prove of the existence, nature and extent
of the authority given. In the case at bar, petitioner failed to prove its existence.