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In fear of reprisals from lawless elements besieging his barangay, X abandoned his
fishpond, fled to Manila and left for Europe. Seeking that the fish in the fishpond were
ready for harvest, Y, who is in the business of managing fishponds on a commission
basis, took possession of the property, harvested the fish and sold the entire harvest to
Z. Thereafter, Y borrowed money from W and used the money to buy new supplies of
fish fry and to prepare the fishpond for the next crop.
a) What is the Juridical relation between X and Y during Xs absence?
b) Upon the return of X to the barangay, what are the obligations of Y to X as regards
the contract with Z?
c) Upon Xs return, what are the obligations of X as regards Ys contract with W?
d) What legal effects will result if X expressly ratifies Ys management and what would
be the obligations of X in favor of Y?
Explain all your answers.
SUGGESTED ANSWER:
(a) The juridical relation is that of the quasi-contract of negotiorum gestio. Y is the
gestor or officious manager and X is the owner (Art. 2144, Civil Code).
(b) Y must render an account of his operations and deliver to X the price he received for
the sale of the harvested fish (Art, 2145, Civil Code).
(c) X must pay the loan obtained by Y from W because X must answer for obligations
contracted with third persons in the interest of the owner (Art. 2150, Civil Code),
(d) Express ratification by X provides the effects of an express agency and X is liable to
pay the commissions habitually received by the gestor as manager (Art. 2149, Civil
Code).