SPOUSES VILORIA vs. CONTINENTAL AIRLINES, INC., G.R. No.

188288, January 16, 201

2

In Rallos v. Felix Go Chan & Sons Realty Corporation, this Court explained the n
ature of an agency and spelled out the essential elements thereof:
Out of the above given principles, sprung the creation and acceptance of the rel
ationship of agency whereby one party, called the principal (mandante), authoriz
es another, called the agent (mandatario), to act for and in his behalf in trans
actions with third persons. The essential elements of agency are: (1) there is c
onsent, express or implied of the parties to establish the relationship; (2) the
object is the execution of a juridical act in relation to a third person; (3) t
he agent acts as a representative and not for himself, and (4) the agent acts wi
thin the scope of his authority.
Agency is basically personal, representative, and derivative in nature. The auth
ority of the agent to act emanates from the powers granted to him by his princip
al; his act is the act of the principal if done within the scope of the authorit
y. Qui facit per alium facit se. "He who acts through another acts himself."