4 Eurotech Industrial Technologies, Inc. v.

Cuizon
Facts:
Eurotech is engaged in the business of importation and distribution of various industrial
equipment, Impact Systems Sales is one of their customers owned by Erwin Cuizon
Edwin Quizon is the sales manager of Impact Systems and is impleaded in the court
Jan. - April 1995 - Eurotech sold to Impact Systems a sledge pump valued at Php
250K, a downpayment of Php 50K was made
Eurotech refused to deliver until indebtedness is settled, in June 1995, Edwin, as sales
manager, executed a Deed of Assignment of receivables, Eurotech then delivered the
pump
Respondents collected from Toledo Power Company Php 365K despite deed of
assignment
Petitioners demanded for the Php 295K obligation of respondents
Edwin (sales manager) claimed that he is not a real party in interest, acting merely as
an agent of his principal - Impact Systems
June 1998, Eurotech filed motion to declare Erwin (owner) in default
RTC dropped Edwin as party in the case
CA armed
Issues:
W.O.N. Edwin is liable for the actions he did as an agent
No - he is merely an agent
Art. 1897 - The agent who acts as such is not personally liable to the party
with whom he contracts, unless he expressly binds himself or exceeds the
limits of his authority without giving such party sucient notice of his
powers
Petitioners allege that Edwin did not suciently notify it of the extent of
his powers as an agent
Edwin alleges he is merely an agent of Impact Systems - deed of
assignment clearly states that he was acting as a representative
Elements of agency are:
1. Consent (express or implied) of the parties to establish the
relationship;
2. Object is the execution of a juridical act in relation to a third person;
3. Agent acts as a representative and not for himself; and
4. Agent acts within the scope of his authority
2 exceptions to make an agent liable:
1. Expressly binds himself; or
2. Exceeds the limits of his authority without giving notice of his
powers to the third person
CA armed