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AGENCY: Rallos v.

Felix Go Chan: one party called


the principal authorizes another called the agent to
act for and in his behalf in transactions with 3 rd
persons.
Fiduciary: the agent is obliged to act primarily for the
benefit of his principal in matters related to his
agency.
Art. 1868: by the contract of agency a person binds
himself to render some services or to do something
in representation or on behalf of another with the
consent or authority of the latter.
ELEMENTS/RALLOS:
1. Consent-express or implied
2. Object-the execution of the judicial act
3. Agent-acts as representative and not for himself
4. Authority- agent acts within the scope of his
authority
For a contract of agency to exist, it is essential that
the principal consents that the agent shall act on his
behalf and the agent consents so to act.
Intent: important in determining the existence o
agency.
ART. 1927: An agency cannot be revoked if a
bilateral contract depends upon it, or if it is the
means of an obligation already contracted, or if a
partner is appointed manager of a partnership in the
contract of partnership and his removal from the
management is unjustifiable.
WHEN AN AGENCY IRREVOCABLE:
General Rule: Principal may revoke agency at
will.
Exceptions:
When the agency is created not only for the
interest of the principal but also for the interests
of third persons
When the agency is created for the mutual
interest of both the principal and the agent.
WHEN AGENCY COUPLED WITH INTEREST
Cannot be terminated by the sole will of the
principal;
It is revocable after the interest ceases
1. Interest in the subject matter of power conferred
it is essential that the interest of the agent be
in the subject matter o the power conferred and
not merely interest in the exercise of power;
2. Sufficiency of interest a present interest in the
subject matter
REVOCABILITY OF AGENCY COUPLED WITH
INTEREST:
1. Where there is no just cause right of the
principal to revoke and not his power to revoke
2. Where there is a just cause when the agent
betrays the interest of the principal
ART. 1930: The agency shall remain in full force
and effect after the death of the principal, if it has
been constituted in the common interest of the latter
and of the agent, or in the interest o a third person
who has accepted the stipulation in his favor.
WHEN DEATH OF PRINCIPAL DOES NOT
TERMINATE AGENCY:
If the agency has been constituted in the
common interest of the principal and the agent;
If it has been constituted in the interest of a third
person who has accepted the stipulation in his
favor
General Agency-refers to scope o business covered.
Comprises all the business of the principal
Agency couched in general terms-refers to authority
conferred on the agent.
Grants the agent the authority to perform acts of
administration.
Special Agency: refers to the agents scope of
authority and comprises one or more specific
transactions.
Agent does not handle all of the business of the
principal.
Strict Dominion-not something that happens in day
to day transaction. The power to sue
SPA: TRANSACTIONS COVERED:
1. to make such payment
2. to effect novation w/c put an end to obligation
3. to compromise
4. to waive oblig gratuitously
5. to enter into a contract
6. to make gifts
7. to loan or borrow money
8. to lease any real property
9. to bid the principal to render some service w/o
compensation
10.to obligate the principal as a guarantor
11.to create or convey real rights
12.to accept or repudiate inheritance
13.any other act of strict dominion
****The contract of agency may be constituted orally
and the authorization made by the principal or the
acceptance made by the agent may be made orally,
provided the law does not require a specific form
under the circumstances.
1874: when a sale of a piece of land or any interest
therein is through an agent, the authority of the latter
shall be in writing; otherwise, the sale shall be void
1875: agency is presumed to be for
compensation unless there is a proof to the contrary
1869: agency may be express or implied
MODES O EXFTINGUISHMENT:
1.revocation
2.withdrawal of the agent
3.death, civil interdiction, insanity r insolvency o the
principal
4.dissolution of the firm or corp w/c accepted the
agency
5.accomplishment of the object or purpose of the
agency
6.expiration of the period for which the agency was
constituted
Agency coupled with an interest is when an agent
has possession or control of the property of his
principal and possesses legal rights against
interference
by
third
parties.
It
is
an agency relationship in which the agent is given
an estate or interest in the property that is the
subject of the agency.
TRUST-legal relationship between one person
having an equitable ownership in property and
another owning the legal title to such property, the
equitable ownership of the former entitling him to
the performance of certain duties and the exercise
of certain powers by the latter.