Dear PAO,
My father (deceased) is being represented by a certain Julian in a dispute involving ownership over a land that was filed in court. After my father's death, the opposing party is now claiming that he will question the representation of Julian as the latter was allegedly not authorized by any proper party in said case. As far as I know, Julian has been authorized by my father to represent him from the very beginning and in fact a Special Power of Attorney (SPA) was even presented to the other party. Is there a problem regarding the authority of Julian?
Julyda
Dear Julyda,
The representation of your father by Julian involving his claim over the land is called contract of agency. This is in consonance with Article 1868 of the New Civil Code of the Philippines, which states that "by the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter." Correlative thereto is Section 1919 of same law which provides that "agency is extinguished: x x x (3) by the death, civil interdiction, insanity or insolvency of the principal or of the agent; x x x."
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