Philippine Civil Code Art. 1888: Obligations of the Agent

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Statute: Philippine Civil Code
Article: Art. 1888
Topic: Obligations of the Agent
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE X AGENCY
Chapter: CHAPTER 2 Obligations of the Agent
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. (n)

Intellegal Wiki · In plain terms

An agent must not carry out the agency where doing so would manifestly result in loss or damage to the principal. It is a limit on the duty of obedience in Article 1887: instructions do not have to be followed off a cliff. The qualifier is "manifestly" — the article excuses performance where the harm is evident, not wherever the agent would have chosen differently.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Gutierrez Hermanos v. Engracio Orense G.R. No. 9188
Tomas Sison v. Alejandro Balgos G.R. No. 10305

Related provisions in this Chapter

Civil Code, Art. 1891 Obligations of the Agent
Civil Code, Art. 1892 Obligations of the Agent
Civil Code, Art. 1895 Obligations of the Agent
Civil Code, Art. 1897 Obligations of the Agent

Civil Code, Art. 1888 is found in CHAPTER 2 Obligations of the Agent of TITLE X AGENCY of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.