This case has been cited 1 times or more.
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2009-04-02 |
CARPIO, J. |
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| The MIAA Charter further provides that any portion of the airport cannot be disposed of by the Authority through sale or through any other mode unless specifically approved by the President of the Philippines.[33] It is also noted that MIAA's board of directors is practically controlled by the national government, the members thereof being officials of the executive branch.[34] Likewise, the Authority cannot levy and collect dues, charges, fees or assessments for the use of the airport premises, works, appliances, facilities or concessions, or for any service provided by it, without the approval of several executive departments.[35] These provisions are consistent with an agency relationship. Let it be remembered that one of the principal elements of an agency relationship is the existence of some degree of control by the principal over the conduct and activities of the agent. In this regard, while an agent undertakes to act on behalf of his principal and subject to his control, a trustee as such is not subject to the control of the beneficiary, except that he is under a duty to deal with the trust property for the latter's benefit in accordance with the terms of the trust and can be compelled by the beneficiary to perform his duty.[36] | |||||