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Showing posts from February, 2022

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...

Martinez v Martinez March 31, 1902 G.R. No. 445

  Martinez v Martinez March 31, 1902 G.R. No. 445 J. Cooper Facts: This is an action brought by Pedro Martinez Ilustre, the son and the compulsory legal heir, against Francisco Martinez Garcia for a declaration of prodigality against the father. The son claimed that the father is dissipating and squandering his estate by making donations to his second wife and to her parents of properties amounting to over $200,000; that he has given over the administration of this estate to the management of his wife; that the defendant has a propensity for litigation and has instituted groundless actions against the plaintiff in order to take possession of the property held in common with the plaintiff to give it to his wife and her relatives. The defendant alleged that he has executed in favor of the plaintiff a general power of attorney under which the plaintiff has administered the community estate for several years; that the plaintiff has caused the ships Germana, Don Francisco, and Balayan, ...

Bautista v. F.O. Borromeo, 32 SCRA 119

    Bautista v. F.O. Borromeo, 32 SCRA 119 Facts: September 15,1964 accident along EDSA Roberto Tan (petitioner) owner of FORD Truck Abelardo Bautista (petitioner)driver of FORD truck Volkswagen delivery panel truck owned by Federico Borromeo Quintin Delgado, helper of the truck died. Borromeo had to pay Delgado's widow the sum of P4,444 representing the compensation (death benefit) and funeral expenses due Delgado under the Workmen's Compensation Act .             On June 17, 1965, upon the finding that the said vehicular accident was caused by petitioners' negligence, Borromeo started suit to recover from petitioners the compensation and funeral expenses it paid to the widow of Quintin Delgado . At the scheduled hearing of the case on July 23, 1965 neither petitioners nor their counsel appeared. Borromeo was then allowed to present its evidence ex parte . On the same day, the municipal court rendered ju...

Pelayo vs. Lauron (12 Phil. 453)

  FACTS:                 Petitioner Pelayo, a physician, rendered a medical assistance during the child delivery of the daughter-in-law of the defendants. The just and equitable value of services rendered by him was P500.00 which the defendants refused to pay without alleging any good reason. With this, the plaintiff prayed that the judgment be entered in his favor as against the defendants for the sum of P500.00 and costs.                 The defendants denied all of the allegation of the plaintiff, contending that their daughter-in-law had died in consequence of the child-birth, and that when she was alive, she lived with her husband independently and in a separate house, that on the day she gave birth she was in the house of the defendants and her stay there was accidental and due to fortuitous circumstances. ISSUE:  ...