PARTNERSHIP He is not an agent because his acts are in

November 4 2019 Monday the nature of ministerial duties. PURELY

MINISTERIAL. He does not exercise any
ROJAS ASENTISTA BAGUNAS BORCES discretion.
CASTELLO CAVALIDA VARGAS CENTINO
GAVIOLA An agent has an authority to enter into
juridical relationships in behalf of the
Tell me anything about agency. principal.
What are your ideas?

Agency – by contract of agency, a person binds
himself to render some service or to do
something in behalf of another with the consent
or authority of the principal
Why should one should appoint an agent?
 Extend personality
 Delegation of transactions so that you
can focus on other
If you are the ward of a PWD – specifically a
minor. Can a minor can enter into a contract?
No.
If he enters into a juridical relationship, he must
appoint a guardian. He acts through a guardian.
Guardian represents the minor.
Is the guardian an agent?

Situation. Anybody representing someone else is an

agent.
Personal relationship cannot be delegated.
Specific representations that may not
Essential Elements of Agency necessarily be that of an agent.
(1) Consent Example. Administrator
(2) Object
(3) Consideration Administrator represents the estate

Consent of principal What is the difference?

Agency Administration
Without consent of the principal? Authority
Bond
Since it is a conract, what did we learn? Representatio Rperesents Represents
Principles of contract n the principal the estate
(1) Mutuality – principle of privity of who still (Deceased
contract exists has lost its
(2) Consensuality juridical
personality)
Privity of Contract

Even if the principle did not sign himself, yet he
is still bound. Regardless of privity. To
substitute that privity of contract – consent
Consent is important. Otherwise, agent will be
personally bound.
What is an administrator?
How do we distinguish an administrator
from an executor?
Executor – appointed by the testator in a will
Administrator – appointed by court

Situation. Guard representing the school. Basic difference: There is a WILL and he
Is he an agent? shall comply the terms in the will. If there
(Ela) No. Security guard is not authorized to is NO Will, court appoints an
enter into legal relations or enter into contracts administrator.
with third persons binding the school as its
principal. What is a trustee?
Person in whom confidence is reposed.
Acts are only in accordance with the Represents the beneficiary
instruction of the school employing its
services. Trustee acts in his own name. He appears to
be the owner.
For there to be a valid agency:
(1) There must be an authority to act in Situation. Trust agreement executed
behalf of another
(2) Such authority must carry with it the
power to enter into a juridical or legal Independent Contractor vs AGENCY
relationship AGENCY INDEPENDEN
T
Bottomline: CONTRACTO
R
Control
Liability
Situation. Girlfriend chuchu. Implied consent.
And yet you sold it, you found a buyer. You
Do you think you can presume that you can hug texted the following day, here is buyer X ready
her? to pay you.

What is the difference between presumption Buyer and Agent went to the house of the
and implication. owner. Seller failed to deliver.

IMPLICATIO PRESUMPTI
N ON SUMMARY OF FACTS.
Owner texted vargas to tell him to sell. Vargas
did not reply. Vargas not habitually engaged. =
NO IMPLIED ACCEPTANCE, NOT AN AGENT
How is agency created?
(1) Express – express consent either orally If he sells the car to the buyer. Owner failed to
or in writing deliver.
(2) Implied - implied from the acts of the What will happen now? THERE IS AN IMPLIED
principal which could be established ACCEPTANCE. Act of agent is deemed implied
from: acceptance.
(a) Silence
(b) Lack of action The fact that Vargas texted the following day, it
(c) Failure to repudiate the agency has effected the contract of agency.

As to character Is the owner totally free from any liability?

(1) Gratuitous No.
(2) Onerous
If you are the owner, and you do not want to be
Presumption is that the agency is onerous. blamed, what is your contention?
Simply means, there is a presumed Notice of Vargas was already late.
compensation. Had he received it prior to the sale (by owner),
owner is deemed liable for non-delivery.
As to the Extent
(1) General – authorized to do acts
connected with all the business or Do we have specific forms in a contract of
employment in which the principal is agency?
engaged GR. No specific form
(2) Specific – authorized to do only one or XPN. As provided by law, such as in the sale of
more specific transaction provided by immovable property or transmission of real
the principal rights

Who has the burden of proof that indeed Contract of agency must be written. Otherwise,
it is an agent? VOID.
One who alleges that agency exists.
Situation. It was in writing and was able to sell
ACCEPTANCE the property. However, after selling the
May also be either implied or express property and buyer paid the owner. You asked
the owner for compensation, are you entitled?
(1) Express – expressly accepts the Yes. There is a presumption that agency is
appointment onerous and service must be compensated.
(2) Implied thru
(a) Acts of agent which constitute the You are only given one week to sell the land.
agency You will be entitled for 5%. One week passed,
(b) Silence unable to sell. You learned someone else able
(c) Inaction to sell.

Instance when there is implied acceptance No. Only entitled to compensation when
(1) Acceptance between person present successful in fulfilling obligation. NO SUCCESS,
(2) Acceptance between person absent NO COMPENSATION.

ACCEPTANCE BETWEEN PERSONS PRESENT Situation. I hereby authorize Gaviola to look

Rule.
Situation. I authorize you to sell a car. (Text
message)
You did not answer. What happens?
Qualify. If habitually engaged as an agent of the
business, implied acceptance. If not, silence will
not constitute acceptance.
after all my proeprties in Cebu City with full
power and authority to take care.
On said properties, take such measure as
necessary to protect and preserve.
You needed a security guard to watch the
proeprties, in the course of hiring, you
had to sell some properties. Where you
atuhorized to sell?

“COACHED IN GENERAL TERMS” – look after

all my properties, take such measure as
necessary to protect and preserve

SPECIAL POWER OF ATTORNEY MUST BE

SPECIFICALLY INDICATED IN THE

acts of administration vs acts of strict

dominion
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