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Obediential obligations imposed by law regardless of the intentions of

the parties

Conventional arising due to the will of the parties

In personam - being one done or directed against or with reference to a

specific person

In rem - was one done or directed with reference to no specific person,

and consequently against or with reference to all whom it might concern,

or all the world.

Negot iorum gest io(Latinfor "management of business") is a form ofspontaneousagencyin which an agent, the gestor, acts on behalf and forthe benefit of aprincipal, but without his or her consent. The gestor is onlyentitled to reimbursement for expenses and not to remuneration, theunderlying principle being that negotiorum gestio is intended as an act ofgenerosity and friendship and not to allow the gestor to profit from hisagency.

For example, while you are traveling abroad, a typhoon hits your home

town and the roofing of your house is in danger. To avoid the catastrophic

situation, your neighbor does something urgently necessary. You are the

'principal' and your neighbor here is the 'gestor", the act of which saved

your house is the 'negotiorum gestio.'

It originated as a Roman legal institution in which an individual acted on

behalf of another, without his asking and without remuneration. It was

considered a part ofofficium(duty), for instance, to defend a friend's

orneighbour's interests while the friend or neighbor was away.

The principal, ordominus, more fully dominus negotiorum dominus reigestae, is bound to indemnify the gestor for the expenses and liabilitiesincurred.

Art. 2144. Whoever voluntarily takes charge of the agency or management

of the business or property of another, without any power from the latter,

is obliged to continue the same until the termination of the affair and its

incidents, or to require the person concerned to substitute him, if the

owner is in a position to do so. This juridical relation does not arise in

either of these instances:

(1) When the property or business is not neglected or abandoned;

(2) If in fact the manager has been tacitly authorized by the owner.

In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404

regarding unauthorized contracts shall govern.

In the second case, the rules on agency in Title X of this Book shall be

applicable. (1888a)

SOLUTIO INDEBITI

Art. 2154. If something is received when there is no right to demand it,

and it was unduly delivered through mistake, the obligation to return it

arises. (1895)

Examples:

1. Erroneous payment of interest not due2. Erroneous payment of rental not called for in view of the expiration of

the lease contract

3. Taxes erroneously given.

Art. 2168. When during a fire, flood, storm, or other calamity, property is

saved from destruction by another person without the knowledge of the

owner, the latter is bound to pay the former just compensation.

Art. 2167. When through an accident or other cause a person is injured or

becomes seriously ill, and he is treated or helped while he is not in a

condition to give consent to a contract, he shall be liable to pay for theservices of the physician or other person aiding him, unless the service has

been rendered out of pure generosity.

Art. 2169. When the government, upon the failure of any person to

comply with health or safety regulations concerning property, undertakes

to do the necessary work, even over his objection, he shall be liable to pay

the expenses.

Art. 2174. When in a small community a nationality of the inhabitants of

age decide upon a measure for protection against lawlessness, fire, flood,

storm or other calamity, any one who objects to the plan and refuses to

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contribute to the expenses but is benefited by the project as executed

shall be liable to pay his share of said expenses.

Art. 2175. Any person who is constrained to pay the taxes of another shall

be entitled to reimbursement from the latter.

Article 308. Who are liable for theft. - Theft is committed by any person

who, with intent to gain but without violence against or intimidation of

persons nor force upon things, shall take personal property of another

without the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the

same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the property of

another, shall remove or make use of the fruits or object of the damage

caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass

is forbidden or which belongs to another and without the consent of its

owner, shall hunt or fish upon the same or shall gather cereals, or other

forest or farm products.

Article 309. Penalties. - Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if thevalue of the thing stolen is more than 12,000 pesos but does not exceed

22,000 pesos, but if the value of the thing stolen exceeds the latter

amount the penalty shall be the maximum period of the one prescribed in

this paragraph, and one year for each additional ten thousand pesos, but

the total of the penalty which may be imposed shall not exceed twenty

years. In such cases, and in connection with the accessory penalties which

may be imposed and for the purpose of the other provisions of this Code,

the penalty shall be termed prision mayor or reclusion temporal, as the

case may be.

2. The penalty of prision correccional in its medium and maximum periods,

if the value of the thing stolen is more than 6,000 pesos but does not

exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods,

if the value of the property stolen is more than 200 pesos but does not

exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its

minimum period, if the value of the property stolen is over 50 pesos but

does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does

not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does

not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is

committed under the circumstances enumerated in paragraph 3 of the

next preceding article and the value of the thing stolen does not exceed 5

pesos. If such value exceeds said amount, the provision of any of the five

preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos,

when the value of the thing stolen is not over 5 pesos, and the offender

shall have acted under the impulse of hunger, poverty, or the difficulty of

earning a livelihood for the support of himself or his family.

QUASI-DELICT (2176-2194)

Art. 2176. Whoever by act or omission causes damage to another, there

being fault or negligence, is obliged to pay for the damage done. Such fault

or negligence, if there is no pre-existing contractual relation between the

parties, is called a quasi-delict and is governed by the provisions of this

Chapter. (1902a)

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CULPA CONTRACTUAL - fault or negligence

incident in the performance of an obligation

which already existed, and which increases the

liability from such already existing obligation.

(1170-1174)

AR T. 1 1 70 . Th os e w ho i n th e p erf o rm a n ce of t he irobl igat ions are gui l t y o f f raud, negl igence, or delay, andthose who in any manner contravene the t enor thereof , are

l i a b l e f o r d a ma g es .

CULPA AQUILIANA - is the wrongful or negligent

act or omission which creates a vinculum

juris and gives rise to an obligation between two

persons not formally bound by any other

obligation (2176 2194)