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COUNTRY BANKERS INSURANCE CORPORATION v. KEPPEL CEBU SHIPYARD

This case has been cited 3 times or more.

2015-10-14
PEREZ, J.
Contrary to the findings of the lower court, the present case is a case of an express agency, where, Hojilla, the agent, binds himself to represent another, the principal, who are herein respondents, with the latter's express consent or authority.[19] In a contract of agency, the agent acts for and in behalf of the principal on matters within the scope of the authority conferred upon him, such that, the acts of the agent have the same legal effect as if they were personally done by the principal.[20] Because there is an express authority granted upon Hojilla to represent the respondents as evidenced by the SPA, Hojilla's actions bind the respondents.
2015-02-04
MENDOZA, J.
The law mandates an agent to act within the scope of his authority which what appears in the written terms of the power of attorney granted upon him.[36] The Court holds that, indeed, Gonzales acted within the scope of her authority. The SPA precisely stated that she could administer the property, negotiate the sale and collect any document and all payments related to the subject property.[37] As the agent acted within the scope of his authority, the principal must comply with all the obligations.[38] As correctly held by the CA, considering that it was not shown that Gonzales exceeded her authority or that she expressly bound herself to be liable, then she could not be considered personally and solidarily liable with the principal, Spouses Salvador.[39]
2013-07-31
BRION, J.
At this point, we reiterate the established principle that persons dealing with an agent must ascertain not only the fact of agency, but also the nature and extent of the agent's authority. [48] A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or the instructions as regards the agency.[49] The basis for agency is representation and a person dealing with an agent is put upon inquiry and must discover on his own peril the authority of the agent.[50] Thus, Sally bought the real properties at her own risk; she bears the risk of injury occasioned by her transaction with the spouses Johnson.