Trial court ordered Medalla and NFA to pay jointly and
Case Title: National Food Authority vs. Intermediate severally the plaintiff the sum of P25,974.90 with legal Appellate Court, Superior (SG) Shipping Corporation interest from October 1979 and P10,000 as attorney's fees. Date: April 5, 1990 Issue(s): Ponente: J. Paras WON NFA is not liable under the exception to Art 1883 since it has no knowledge of the agency between Legal Doctrine: Superior Shipping and Medalla at the time contract was When things belonging to the principal entered into. are dealt with, the agent is bound to the principal although he does not assume the character of such Held: LIABLE. agents and appears acting in his own name. See Art. 1883. Ratio: It is an undisputed fact that Medalla was a commission Facts: agent of respondent Superior Shipping Corporation Gil Medalla on 1979, as commission agent of the which owned the vessel MV Sea Runner that plaintiff Superior Shipping Corporation entered into a transported the sacks of rice belonging to petitioner contract for hire of ship MV Sea Runner with NFA. defendant National Grains Authority (now NFA). Under said contract, Medalla obligated to transport on Article 1883. If an agent acts in his own name, the the MV Sea Runner 8,550 sacks of rice belonging to principal has no right of action against the persons with defendant NGA from the port of San Jose, Occidental whom the agent has contracted; neither have such Mindoro, to Malabon, Metro Manila. persons against the principal. In such case the agent is the one directly bound in favor Upon completion of delivery at its destination on of the person with whom he has contracted, as if the October 1979, plaintiff (in trial court case) Superior transaction were his own, except when the contract Shipping Corporation wrote a letter requesting involves things belonging to the principal. defendant NGA that it be allowed to collect the The provisions of this article shall be understood to be payment. The statement of account included claims without prejudice to the actions between the principal for freightage, demurrage, and stevedoring charges and agent. amounting to P93,538.70. On November 1979, plaintiff wrote again defendant NGA, this time specifically requesting that payment be made to it and Consequently, when things belonging to the principal not to Medalla because plaintiff was the owner of the are dealt with, the agent is bound to the principal vessel. In reply, NGA informed plaintiff that it could although he does not assume the character of such not grant its request because the contract to transport agents and appears acting in his own name. In other the rice was entered into by NGA and Medalla who words, the agent's apparent representation yields to the did not disclose that he was acting as a mere agent of principal's true representation and that, in reality and in plaintiff. Thereupon, NGA paid Medalla the sum of effect, the contract must be considered as entered into P25,974.90 for the freight services. On December between the principal and the third person. Corollarily, if 1979, plaintiff wrote defendant Medalla demanding the principal can be obliged to perform his duties under the he turn over to plaintiff P27,000 paid to him by the contract, then it can also demand the enforcement defendant NFA. Medalla ignored the demand. of its rights arising from the contract.
Roger L. Crawford, Msgt Usaf (Ret) v. West Virginia Governor's Office, the West Virginia Legislature, the West Virginia Judiciary, Roger L. Crawford, and Sidika Crawford, Can John M. Crawford v. Gaston Caperton, in His Individual Capacity as Governor, Dolgen Corporation, A/K/A Dollar General Stores, Inc., Doris Lane, in Her Individual Capacity as Manager of the Dollar General Store, Hinton, the First National Bank of Hinton, Plaintiff's Local Financial Institution, Summers County Board of Education, in Its Official Capacity, State of West Virginia, in Its Official Capacity as a State of the Union, Csx Transportation, Inc., a Corporation A/K/A Csx Rail Transport, Csx Transport Group, Richard Gunnoe, Attorney at Law, Summers County Commission, in Its Official Capacity, Benjamin Reed, in His Official Capacity as Postmaster, U.S. Post Office, Hinton, the U.S. Postal Services, Joseph Aucremanne, in His Individual Capacity as Prosecuting Attorney, Summers County, Perry Mann, in His Individua