Text of the provision

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 of the latter.

(1709a)

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

By agency, a person (the agent) binds himself to render service or do something in representation or on behalf of another (the principal), with the latter's consent or authority. Representation is its defining feature.

What separates agency from many other contracts for service is the element of representation: the agent does not merely perform a task for the principal's benefit, he acts in the principal's name, so that the legal consequences of what he does — a contract signed, a payment received — fall on the principal as though the principal had acted himself. This is why the article insists on the principal's consent or authority as a condition: without it, a person acting on another's behalf would simply be acting on his own account, with the resulting rights and obligations remaining his alone.

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Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.