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.


Negotiorum gestio (Latin for "management of business") is a form of
spontaneous agency in which an agent, the gestor, acts on behalf and for
the benefit of a principal, but without his or her consent. The gestor is only
entitled to reimbursement for expenses and not to remuneration, the
underlying principle being that negotiorum gestio is intended as an act of
generosity and friendship and not to allow the gestor to profit from his
agency.

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 of officium (duty), for instance, to defend a friend's
or neighbour's interests while the friend or neighbor was away.
The principal, or dominus, more fully dominus negotiorum dominus rei
gestae, is bound to indemnify the gestor for the expenses and liabilities
incurred.

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 due
2. 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 the
services 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
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 the
value 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)

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)

ART. 1170. Thos e who i n t he per f or mance of t hei r
obl i gat i ons ar e gui l t y of f r aud, negl i gence, or del ay, and
t hos e who i n any manner cont r avene t he t enor t her eof , ar e
l i abl e f or damages .

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)