Text of the provision
Art. 1870. Acceptance by the agent may also be express, or implied from his acts which carry out the agency, or from his silence or inaction according to the circumstances.
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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
The agent's acceptance may be express or implied from acts carrying out the agency, or from silence/inaction according to the circumstances.
Because agency depends on the meeting of minds between principal and agent, one might expect a formal acceptance to be required before the relationship exists. This article relaxes that expectation: the agent's acceptance can be read from what he does, not just what he says. An agent who starts carrying out the tasks entrusted to him — collecting a debt, signing a document, negotiating a deal — has, by that conduct, accepted the agency as surely as if he had said so outright. Even silence or inaction can amount to acceptance where the surrounding circumstances make it reasonable to treat it that way.
Questions about this provision
- I never told my friend in words that I accepted his appointment as my agent — but I went ahead and carried out the tasks he asked me to handle. Have I accepted the agency?
- I went ahead and started performing the tasks my principal assigned me without ever saying in words that I agreed — does my conduct bind me to the agency?
- Can someone become my legal agent without any written appointment, just from my silence or inaction?
Related provisions
- Article 1869 — Express or Implied Agency.
- Article 1871 — Implied Acceptance (Present Parties).
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.