This case has been cited 4 times or more.
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2015-01-21 |
BERSAMIN, J. |
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| In agency, the agent binds himself to render some service or to do something in representation or on behalf of the principal, with the consent or authority of the latter.[10] The basis of the civil law relationship of agency is representation,[11] the elements of which are, namely: (a) the relationship is established by the parties' consent, express or implied; (b) the object is the execution of a juridical act in relation to a third person; (c) the agent acts as representative and not for himself; and (d) the agent acts within the scope of his authority.[12] Whether or not an agency has been created is determined by the fact that one is representing and acting for another.[13] The law does not presume agency; hence, proving its existence, nature and extent is incumbent upon the person alleging it.[14] | |||||
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2009-12-11 |
CARPIO, J. |
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| Petitioner's argument is clearly misplaced. The basis for agency is representation,[58] that is, the agent acts for and on behalf of the principal on matters within the scope of his authority and said acts have the same legal effect as if they were personally executed by the principal.[59] On the part of the principal, there must be an actual intention to appoint or an intention naturally inferable from his words or actions, while on the part of the agent, there must be an intention to accept the appointment and act on it.[60] Absent such mutual intent, there is generally no agency.[61] | |||||
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2008-10-06 |
CARPIO, J. |
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| Moreover, petitioners did not raise this issue in their "motion to strike out or declare as not filed the notice of appeal dated April 2, 2002; to declare the supplemental decision as final and executory; and to issue the corresponding writ of execution thereon" before the trial court. It is settled that an issue not raised during the trial could not be raised for the first time on appeal as to do so would be offensive to the basic rules of fair play, justice, and due process.[31] | |||||
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2005-12-13 |
CHICO-NAZARIO, J. |
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| Art. 1868. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. In a bevy of cases such as the avuncular case of Victorias Milling Co., Inc. v. Court of Appeals,[13] the Court decreed from Article 1868 that the basis of agency is representation. | |||||