- Statute
- Civil Code
- Article
- Art. 1868
- Topic
- Nature, Form and Kinds of Agency
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE X AGENCY
- Chapter
- CHAPTER 1 Nature, Form and Kinds of Agency
- Formerly
- Art. 1709a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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. (1709a)
Intellegal Wiki · In plain terms
Agency is created when one person agrees to perform a service or act on behalf of and representing another, with that other person's consent or authority. The agent acts for the principal, so acts done within the granted authority bind the principal.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Viloria v. Continental Airlines, the Supreme Court held: Denied the petition, holding that a principal-agent relationship existed (Arts. 1868-1869) but the principal was not liable for its agent's alleged tort without proof of its own fault under Article 2180, that the buyers ratified the contract by seeking reissuance rather than annulment, and that the carrier's refusal was only a casual breach insufficient for rescission under Article 1191, with both parties in default under Article 1192.
One leading Supreme Court case applying this provision.
Cases applying this article
- Spouses Benjamin C. Mamaril v. The Boy Scout of the Philippines G.R. No. 179382
- Viloria v. Continental Airlines G.R. No. 188288
- Filipinas Life v. Palacio G.R. No. 159489
- Westmont Investment v. Francia G.R. No. 194128