AGENCY AND PARTNERSHIP AUF SCHOOL OF LAW

Prof. DENNIS S. SABADO AY 2017-2018 1ST SEMESTER

AGENCY AND PARTNERSHIP

SYLLABUS

I. GRADES ALLOCATION

Recitation - 30%
Mid-Term Examination - 30%
Final Examination - 30%
Quizzes and other activities - 10%

Note: In case no quiz or other activity is given during the semester, the final examination
shall have a weight of 40%.

II. SCHEDULE

Thursdays, 5:30 p.m. to 8:30 p.m.

III. TEXTBOOK

No required or recommended textbook.

IV. READING LIST

PART ONE: AGENCY

A. GENERAL CONCEPTS

1. Purpose and Definition

2. The Relationship of the Agent and Principal

3. Elements of Agency

4. Effect of Agency

5. Establishing the Agency

6. Agency Not a Real Party-in-Interest

7. Notice to Agent

8. General Agency v. Agency Couched in General Terms

9. Special Agency v. Agency Couched in Specific Terms

10. Absence of Specific Authorization

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11. Doctrine of Apparent Authority

12. Agency by Estoppel

Cases:

Eurotech v. Cuison, G.R. No. 167552, April 23, 2007

Rallos v. Felix Go Chan, G.R. No. L-24332, January 31, 1978
Severino v. Severino, G.R. No. 18058, January 16, 1923

Orient Air Service v. Court of Appeals, G.R. No. 76931, May 29, 1991
Bordador v. Luz, G.R. No. 130148, December 15, 1997
Apex Mining Co., Inc. v. Southeast Mindanao Gold Corp., G.R. Nos. 152613 & 152628,
June 23, 2006
Tuazon v. Heirs of Ramos, G.R. No. 156262, July 14, 2005
Victorias Milling v. Court of Appeals, G.R. No. 117356, July 19, 2000
Dominion Insurance v. Court of Appeals, G.R. No. 129919, February 6, 2002
Doles v. Angeles, G.R. No. 149353, June 26, 2006
Dela Cruz v. Northern Theatrical, G.R. No. L-7089, August 31, 1954

Uy and Roxas v. Court of Appeals, G.R. No. 120465, September 9, 1999

Angeles v. Philippine National Railways, G.R. No. 150128, August 31, 2006
Ong v. Court of Appeals, G.R. No. 119858, April 29, 2003
Philippine National Bank v. Ritratto Group, G.R. No. 142616, July 31, 2001

Francisco v. Government Service Insurance System (GSIS), G.R. No. L-18287,

March 30, 1963
Sunace International v. National Labor Relations Commission (NLRC), G.R. No. 161757,
January 25, 2006
Cosmic Lumber v. Court of Appeals, G.R. No. 114311, November 29, 1996
New Life Enterprises v. Court of Appeals, G.R. No. 94071, March 31, 1992
Caram v. Laureta, G.R. No. L-28740, February 24, 1981

Dominion Insurance v. Court of Appeals, G.R. No. 129919, February 6, 2002

Veloso v. Court of Appeals, G.R. No. 102737, August 21, 1996
Lim Pin v. Liao Tan, G.R. No. L-47740, July 20, 1982

Air France v. Court of Appeals, G.R. No. L-573339, December 29, 1983
Mesmer v. Paraiso Development, G.R. No. 157493, February 5, 2007

Pahud v. Court of Appeals, G.R. No. 160346, August 25, 2009

AF Realty v. Dieselman, G.R. No. 111448, January 16, 2002
Litonjua v. Eternit, G.R. No. 144805, June 8, 2006

Uniland Resources v. Development Bank of the Philippines,

G.R. No. 95909, August 16, 1991

Nogales v. Capitol Medical, G.R. No. 142625, December 19, 2006

Naguiat v. CA and Queano, G.R. No. 118375, October 3, 2003

Woodchild v. Roxas, G.R. No. 140667, August 12, 2004
Yun Kwan Byung v. PAGCOR, G.R. No. 163553, December 11, 2009
Professional Services v. Agana, G.R. No. 126297, January 31, 2007

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B. AGENCY DISTINGUISHED FROM OTHER CONTRACTS

1. Nature of the Acts Performed

2. Distinguished from Partnership

3. Distinguished from Service

4. Distinguished from Employment

5. Distinguished from Sale

6. Distinguished from Brokerage

Cases:

Doles v. Angeles, G.R. No. 149353, June 26, 2006

Victorias Milling v. Court of Appeals, G.R. No. 117356, June 19, 2000

Sevilla v. Court of Appeals, G.R. No. L-41182 to 83, April 15, 1988

Nielson & Co. v. Lepanto Consolidated, G.R. No. L-21601, December 28, 1968

Fresnel v. Mariano Uy Chaco Sons & Company, G.R. No. 10918, March 4, 1916
Shell v. Firemen’s Insurance Co., G.R. No. L-8169, January 29, 1957
Manila Memorial v. Lisangan, G.R. No. 151319, November 22, 2004

Tuazon v. Heirs of Ramos, G.R. No. 156262, July 14, 2005

Quiroga v. Parsons Hardware, G.R. No. 11491, August 23, 1918
American Rubber v. CIR, G.R. No. L-25965, June 30, 1975
Ker & Co., Ltd. v. Lingad, G.R. No. L-20871, April 30, 1971
Gonzalo Puyat & Sons v. Arco Amusement Co., G.R. No. 47538, June 20, 1941
Chua Ngo v. Universal Trading, G.R. No. L-2870, September 19, 1950

Reyes v. Rural Bank, G.R. No. 154499, February 27, 2004

Hahn v. Court of Appeals, G.R. No. 113074, January 22, 1997
Tan v. Gullas, G.R. No. 143978, December 3, 2002

C. THE AGENT

1. Rights of the Agent

2. Sub-Agency and Substitute Agent

3. Obligations of the Agent

4. Corporate Officers

5. Use of Funds

6. Accounting
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 7. Liabilities of the Agent

8. Special Obligations of Commission Agents

Cases:

Danon v. Brimo & Co., G.R. No. 15823, September 12, 1921
Hahn v. Court of Appeals, G.R. No. 113074, January 22, 1997
Tan v. Gullas, G.R. No. 143978, December 3, 2002
Philippine Health Care Providers v. Estrada, G.R. No. 171052, January 28, 2008
Sanchez v. Medicard, G.R. No. 141525, September 2, 2005
Infante v. Cunanan, G.R. No. L-5180, August 31, 1953
Lim v. Saban, G.R. No. 163720, December 16, 2004

Prats v. Court of Appeals, G.R. No. L-39822, January 31, 1978

Manotok Brothers v. Court of Appeals, G.R. No. 94753, April 7, 1993

Uniland Resources v. DBP, G.R. No. 95909, August 16, 1991

Domingo v. Domingo, G.R. No. L-30573, October 29, 1971

Baltazar v. Ombudsman, G.R. No. 136433, December 6, 2006

Serona v. People, G.R. No. 130423, November 18, 2002

Woodchild v. Roxas, G.R. No. 140667, August 12, 2004

Guinhawa v. People, G.R. No. 162822, August 25, 2005

Board of Liquidators v. Heirs of Maximo Kalaw, G.R. No. L-18805, August 14, 1967
San Juan v. Court of Appeals, G.R. No. 129459, September 29, 1998
AF Realty v. Dieselman, G.R. No. 111448, January 16, 2002

British Airways v. Court of Appeals, G.R. No. 121824, January 29, 1998
Severino v. Severino, G.R. No. 18058, January 16, 1923
Araneta, Inc. v. De Paterno, G.R. No. L-2886, August 22, 1952

Domingo v. Domingo, G.R. No. L-30573, October 29, 1971

Murao v. People, G.R. No. 141485, June 30, 2005
Metropolitan Bank v. Court of Appeals, G.R. No. 88866, February 18, 1991

Eurotech v. Cuizon, G.R. No. 167552, April 23, 2007

DBP v. CA, G.R. No. 109937, March 21, 1994

Beaumont v. Prieto, G.R. No. 8988, March 30, 1916

NOTE: Only handwritten notes by the student himself in one filler notebook shall be allowed
on the table. Photocopies, quick reviewers or digital copies of the cases are strictly
prohibited in the classroom.

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