Agency Coupled With Interest- Not Revocable At Will

Category: Obligations and Contracts

Agency Coupled With Interest- Not Revocable At Will

As developer of the permanent improvement on the Property, BDAI has an interest in the Property that is the subject matter of the agency, assuming such agency exists. An agency coupled with interest is not revocable at the will of principal. In Sevilla vs. CA, 160 SCRA 171, it was said:

“The reason is that it is one coupled with an interest, the agency having been created for the mutual interest of the agent and the principal. It appears that Lina Sevilla is a bona fide travel agent herself, and as such, she had acquired an interest in the business entrusted to her. Moreover, she had assumed a personal obligation for the operation thereof, holding herself solidarily liable for the payment of rentals. She continued the business, using her own name, after Tourist World had stopped further operations. Her interest, obviously, is not limited to the commissions she earned as a result of her business transactions, but one that extends to the very subject matter of the power of management delegated to her. It is an agency that cannot be revoked at the pleasure of the principal. (Bacaling vs. Muya, 430 Phil. 531 (2002); Wheelers Club International, Inc. vs. Bonifacio, Jr., G.R. No. 139540, June 29, 2005; Lim vs. Saban, G.R. No. 163720, December 11, 2004).