Text of the provision
Art. 1892. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute:
(1) When he was not given the power to appoint one;
(2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. All acts of the substitute appointed against the prohibition of the principal shall be void.
(1721)
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 may appoint a substitute unless prohibited, but is responsible for the substitute's acts when he had no power to appoint, or appointed a notoriously incompetent/insolvent person. Substitution against a prohibition is void.
Questions about this provision
Related provisions
- Article 1891 — Duty to Account.
- Article 1893 — Action Against the Substitute.
Cases citing this article
- Sps. May S. Villaluz and Johnny Villaluz, Jr. vs. Land Bank of the Philippines and the Registrar of Deeds for Davao City, G.R. No. 192602, January 18, 2017 — read the decision on LawPhil →
- Corazon L. Escueta, et al. vs. Rufina Lim, G.R. No. 137162, January 24, 2007 — read the decision on LawPhil →
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.