Agent's compensation; presumption; effect

Art. 1875. Agency is presumed to be for a compensation, unless there is proof to the contrary. (Civil Code of the Philippines)

It is the principal's burden of proof to show that the agency is not for a fee. It must be recalled, however, that compensation is not an essential element of a contract of agency.

Art 1909. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation. (Civil Code of the Philippines)

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