Perez vs Pomar 2 Phil. 682 (1903)
Perez vs Pomar 2 Phil. 682 (1903) FACTS Perez filed in the Court of First Instance of Laguna a complaint asking the Court to determine the amount due him for services rendered as an interpreter for Pomar and for judgement to be rendered in his favor. Pomar, on his part, denied having sought the services of Perez, contending that, Perez being his friend, he only accepted the services for they were rendered in a spontaneous, voluntary and officious manner. ISSUE Whether or not consent has been given by the other party. HELD Yes. It does not appear that any written contract was entered into between the parties for the employment of the plaintiff as interpreter, or that any other innominate contract was entered into, but whether the plaintiff’s services were solicited or whether they were offered to the defendant for his assistance, inasmuch as these services were accepted and made use of by the latter, there was a tacit and mutual consent as to the rendition of services. This g...