Text of the provision
Art. 1322. An offer made through an agent is accepted from the time acceptance is communicated to him.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
An offer made through an agent is accepted from the time acceptance is communicated to the agent.
When an offer is transmitted through an agent rather than communicated directly by the offeror, the moment of perfection is tied to the agent, not to the principal who instructed the agent to relay the offer. The contract is deemed accepted as soon as the other party's acceptance reaches the agent, even if some further time passes before the agent actually relays that acceptance back to the principal. The agent, for this purpose, stands in the offeror's place for receiving the communication that completes the meeting of minds.
Questions about this provision
- Can acceptance of an offer be implied from conduct rather than said out loud?
- If I make my offer through an agent, from what moment is the acceptance effective?
Related provisions
- Article 1321 — Terms of Acceptance.
- Article 1323 — When an Offer Becomes Ineffective.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.