Hortencia Zialcita-Yuseco v.

Simmons
[G.R. No. L-7912. Aug. 30, 1955]
TOPIC: Obligations of the Agent
PONENTE: Bengzon
FACTS:
June 1952, Hortensi Yuseco (then Zialcita) was employed by the National Bank of NY, a foreign banking corp.
doing business in the PH
Included in her contract of employment was a clause stating that in the event of her marriage, the bank may
terminate her employement and shell only be entitled to her salary and no other benefit.
Because she intended to get married soon, she filed her written resignation on July 7 1952 which was later on
accepted and took effect Aug 15 1952. She got married July 13 same year.
On Aug 18 1952, Yuseco filed this suit against Simmons, the general manager of the bank, and clamed that he, as
manager of the bank, forced her to sign the letter of resignation and asked for damages 15k. She also assails the
validity of the abovementioned stipulation.
Simmons argued that Yuseco signed the contract voluntarily, stipulation was valid and that Yuseco resigned from
her position before her marriage. Also asked for damages
Lower court ruled in favor of Simmons, said that Yuseco had no cause of action against Simmons because she
was not employed by him but by the bank. If any, her case shouldve been directed against the Natl Bank of NY
ISSUE(S): WON Simmons is liable for damages
HELD: No, there is no allegation that Simmons exceeded his power as manager. Judgment affirmed.
RATIO:
There is no allegation that Simmons exceeded his power as manager. As manager, he had the authority to contract
Yusecos services for the company and to accept or require her resignation.
If any, the action should be directed against Natl Bank of NY as the principal.
Re: validity of stipulation in contract, court said it would be proper subject for debate in a proceeding against the
Bank.
CASE LAW/ DOCTRINE: The agent who acts as such is not personally liable to the party with whom he contracts unless
he expressly binds himself of exceeds his authority.
DISSENTING/CONCURRING OPINION(S):