Agency

The essential elements of agency are: (1) there is consent, express or implied of the parties to establish the relationship; (2) the object is the execution of a juridical act in relation to a third person; (3) the agent acts as a representative and not for himself, and (4) the agent acts within the scope of his authority.

Contrary to the findings of the CA, all the elements of an agency exist in this case. The first and second elements are present as CAI does not deny that it concluded an agreement with Holiday Travel, whereby Holiday Travel would enter into contracts of carriage with third persons on CAI’s behalf. The third element is also present as it is undisputed that Holiday Travel merely acted in a representative capacity and it is CAI and not Holiday Travel who is bound by the contracts of carriage entered into by Holiday Travel on its behalf. The fourth element is also present considering that CAI has not made any allegation that Holiday Travel exceeded the authority that was granted to it (Sps. Fernando and Lourdes Viloria Vs. Continental Airlines, Inc., G.R. No. 188288. January 16, 2011).

Agricultural Leasehold

An agricultural leasehold relationship is said to exist upon the concurrence of the following essential requisites: (1) the parties are the landowner and the tenant or agricultural lessee; (2) the subject matter of the relationship is agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or agricultural lessee; and (6) the harvest is shared between the landowner and the tenant or agricultural lessee (Rene Antonio Vs. Gregorio Manahan, G.R. No. 176091. August 24, 2011).

Retaining Lien

An attorney's retaining lien is fully recognized if the presence of the following elements concur: (1) lawyer-client relationship; (2) lawful possession of the client's funds, documents and papers; and (3) unsatisfied claim for attorney's fees (Valentin C. Miranda Vs. Atty. Macario D. Carpio, A.C. No. 6281. September 21, 2011).

Carnapping

The elements of carnapping as defined and penalized under the Anti-Carnapping Act of 1972 are the following:

1. That there is an actual taking of the vehicle;

2. That the vehicle belongs to a person other than the offender himself;

3. That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force upon things; and

4. That the offender intends to gain from the taking of the vehicle (People of the Philippines Vs. Renato Lagat y Gawan, a.k.a. Renat Gawan and James Palalay y Villarosa, G.R. No. 187044. September 14, 2011).

Accretion

We have held that for Article 457 to apply the following requisites must concur: (1) that the deposit be gradual and imperceptible; (2) that it be made through the effects of the current of the water; and (3) that the land where accretion takes place is adjacent to the banks of rivers (Jose Fernando, Jr. et al. Vs. Leon Acuña, et al., G.R. No. 161030. September 14, 2011).

Bigamy

1. That the offender has been legally married.

2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code.

3. That he contracts a second or subsequent marriage.

4. That the second or subsequent marriage has all the essential requisites for validity (Atilano O. Nollora, Jr. Vs. People of the Philippines, G.R. No. 191425. September 7, 2011).

Kidnapping and Serious Illegal Detention

The crime has the following elements: (1) the offender is a private individual; (2) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) the act of detention or kidnapping is illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than three days; (b) it is committed by simulating public authority; (c) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) the person kidnapped or detained is a minor, female or a public official (People v. Jacalne, G.R. No.168552, October 3, 2011).