Text of the provision
Art. 1898. If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. In this case, however, the agent is liable if he undertook to secure the principal's ratification.
(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
If the agent exceeds his authority and the principal does not ratify, the contract is void if the third party knew the limits of the agent's power; the agent is liable if he undertook to secure ratification.
Related provisions
- Article 1897 — Agent Not Personally Liable.
- Article 1899 — Principal Cannot Plead Agent's Ignorance.
Cases citing this article
- Sps. Delfin O. Tumibay and Aurora T. Tumibay-deceased; Grace Julie Ann Tumibay Manuel, Legal representative vs. Sps. Melvin A. Lopez and Rowena Gay T. Visitacion, G.R. No. 171692, June 3, 2013 — read the decision on LawPhil →
- Marcos V. Prieto vs. Court of Appeals, et al, G.R. No. 158597, June 18, 2012 — 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.