Unformatted text preview: he mortgage as required in the power of attorney. A debt thus incurred by the agent
is binding directly upon the principal, provided the former acted, as in the present case, within the scope of
his authority. (Art. 1727 of the Civil Code.) The fact that the agent has also bound himself to pay the debt
does not relieve from liability the principal for whose benefit the debt was incurred. The individual liability of
the agent constitutes in the present case a further security in favor of the creditor and does not affect or 35 preclude the liability of the principal. In the present case the latter's liability was further guaranteed by a
mortgage upon his property. The law does not provide that the agent can not bind himself personally to the
fulfillment of an obligation incurred by him in the name and on behalf of his principal. On the contrary, it
provides that such act on the part of an agent would be valid. (Art. 1725 of the Civil Code.)
Defendant’s denial of receiving the Php 2,200 cannot overcome the proof to the contrary contained in the
agreement. She was one of the parties to that instrument and signed it. This necessarily implies an
admission on her part that the statements in the agreement relating to her are true. She executed another
act which corroborates the delivery to her of the money in question — that is, her personal intervention in the
execution of the mortgage and her statement in the deed that the mortgage had been created with her
knowledge and consent. The lien was created precisely upon the assumption that she had received that
amount and for the purpose of securing its payment.
Salonga v. Warner Barnes, 88 Phil 125 (1951) LIM
On August 28, 1946, Westchester Fire Insurance Company of New York entered into a contract with Tina J.
Gamboa whereby said company insured one case of rayon yardage which said Tina J. Gamboa shipped
from San Francisco, California, on steamer Clovis Victory, to Manila, Philippines and consigned to Jovito
Salonga, plaintiff herein.
According to th...
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This document was uploaded on 03/11/2014.
- Fall '14