By: Ronaldo Vidal

ARTICLE 1872 - 1873

ARTICLE 1872
Between persons who are absent, the acceptance of the agency
cannot be implied from the silence of the agent, except:

(1) When the principal transmits his power of attorney to the
agent, who receives it without any objection;
(2) When the principal entrusts to him by letter or telegram a
power of attorney with respect to the business in which he is
habitually engaged as an agent, and he did not reply to the letter
or telegram.

ARTICLE 1872
Acceptance between persons absent

If both the principal and the agent are absent, acceptance by the
agent is not implied from his silence or inaction. Since the agent is
not bound to accept the agency, he can simply ignore the offer.
However, in the two cases mentioned agency is implied. Thus,
there is implied acceptance if the agent writes a letter
acknowledging receipt of the power or attorney but offers no
objection to the creation of the agency. (No. 1) But his mere failure
to give a reply does not mean that the agency has been accepted
unless the power of attorney is with respect to the business in
which he is habitual engaged as an agent,

ARTICLE 1872
Or the acceptance could be inferred from his acts which carry out
the agency as when he begins to act under the authority conferred
upon him.
It should be noted that under Article 1872, the principal transmits
the power of attorney to the agent. In Article 1871, he personally
delivers the power of attorney to the agent.
ARTICLE 1873
If a person specially informs another or states by public advertisement
that he has given a power of attorney to a third person, the latter
thereby becomes a duly authorized agent, in the former case with
respect to the person who received the special information, and in the
latter case with regard to any person. The power shall continue to be
in full force until the notice is rescinded in the same manner in which it
was given.
ARTICLE 1873
Communication of existence of agency
There are two ways of giving notice of agency with different effects:
(1) If by special information, the person appointed as agent is
considered such with respect to the person to whom it was given;
or
(2) If by public advertisement, the agent is considered as such
with regard to any person. Public advertisement may be made in
any form through the newspaper, radio etc. and by posters or
billboards.
In either use, the agency is deemed to exist whether there is actually
an agency or not.

ARTICLE 1873
Manner of revocation of agency
The power of attorney must be revoked in the same manner in
which it was given. (par. 2.)
If the agency has been entrusted for the purpose of contracting
with specified persons, its revocation shall not prejudice the latter
if they were not given notice thereof. Nevertheless, revocation
made in any manner is effective where the person dealing with the
agent has actual knowledge thereof; otherwise, bad faith and fraud
would be committed.
ARTICLE 1873
Example:
F especially informs A that he has given V a power of attorney.
With respect to A, V thereby becomes a duly authorized agent to
F. To rescind the power of attorney, F must give notice in the same
manner in which it was given, namely, by special information to A.
Public advertisement is not sufficient unless A has actual
knowledge of revocation. But if F makes known the appointment of
V by public advertisement, special information to A is effective
against him.