privy thereto. As such, it and its “owner” cannot be held solidarily liable for any
of Divina’s claims arising from the 2-year employment extension. As the New
Civil Code provides,
Contracts take effect only between the parties, their assigns, and
heirs, except in case where the rights and obligations arising from the
contract are not transmissible by their nature, or by stipulation or by
provision of law.
[24]
Furthermore, as Sunace correctly points out, there was an implied revocation
of its agency relationship with its foreign principal when, after the termination of
the original employment contract, the foreign principal directly negotiated with
Divina and entered into a new and separate employment contract in Taiwan.
Article 1924 of the New Civil Code reading
The agency is revoked if the principal directly manages the business
entrusted to the agent, dealing directly with third persons.
thus applies.
In light of the foregoing discussions, consideration of the validity of the
Waiver and Affidavit of Desistance which Divina executed in favor of Sunace is
rendered unnecessary.
WHEREFORE, the petition is GRANTED. The challenged resolutions of
the Court of Appeals are hereby REVERSEDand SET ASIDE. The complaint of
respondent Divina A. Montehermozo against petitioner is DISMISSED.
SO ORDERED.
CONCHITA CARPIO MORALES
Associate Justice
WE CONCUR: