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WHAT IS AN AGENCY?
Art. 1868. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another with the consent or authority from the latter.
What is the principle of "Qui facit per alium facit per se"?
"Qui facit per alium facit per se" means "He who acts through another acts himself," highlighting that the principal is bound by the agent's actions within the scope of their authority.
Essential elements of an Agency relationship
Rallos v. Felix Go Chan & Sons Realty Corporation:
Consent: There must be an agreement, either express or implied, between the principal and the agent to establish the agency relationship. The principal intends to appoint the agent, and the agent intends to accept the appointment and act upon it.
Object: The purpose of the agency must be the execution of a legal act concerning a third party.
Representation: The agent acts on behalf of and represents the principal, not for themselves.
Scope of Authority: The agent must act within the limits of the authority granted by the principal.
Agency relationship constituted on the side of the Principal:
Art. 1869 provides two ways on how an agency relationship can be established:
Express Agency: Created through a clear and explicit agreement between the principal and the agent, either orally or in writing.
Implied Agency: Inferred from the actions of the principal, their silence or inaction, or their failure to repudiate the agency while knowing someone acts on their behalf without authority.
Can Agency be formed without a written instrument?
GR: Yes, agency can be formed orally.
XPN: Art. 1874 provides that the authority of an agent to sell a piece of land or any interest in land must be in writing; otherwise, the sale is void.
Acceptance of Agency on the side of the agent
Art. 1870 provides that acceptance by the agent may also be:
Express Acceptance: When the agent clearly communicates their agreement to act as an agent.
Implied Acceptance: Can be inferred from the agent's actions, silence, or inaction, depending on the circumstances.
Instances where meeting of the minds indicates agent’s acceptance of agency
Both parties are physically present (Article 1871): When both the principal and agent are present, acceptance can be implied if the principal delivers the power of attorney and the agent receives it without objection.10
Parties are not physically present (Article 1872): Implied acceptance is not possible from the agent's silence unless:
(1) The principal transmits the power of attorney, and the agent receives it without objection.
(2) The principal sends a power of attorney by letter or telegram for business the agent habitually engages in, and the agent doesn't respond.
Two Ways of Giving Notice of Agency
Art, 1873:
(1) Public Advertisement - Agent becomes such with regard to any person
(2) Special Information - Agent becomes such with regard to the person who received the special information
Note 
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