TITLE XVII property of another, without any power

from the latter, is obliged to continue the

Extra-contractual Obligations
same until the termination of the affair

CHAPTER 1 and its incidents, or to require the

person concerned to substitute him, if

Quasi-contracts
the owner is in a position to do so. This

juridical relation does not arise in either

ARTICLE 2142. Certain lawful, voluntary,
of these instances:
and unilateral acts give rise to the

juridical relation of quasi-contract to the

(1) When the property or business is not
end that no one shall be unjustly
neglected or abandoned;
enriched or benefited at the expense of

another. (n) (2) If in fact the manager has been

tacitly authorized by the owner.

ARTICLE 2143. The provisions for

quasi-contracts in this Chapter do not In the first case, the provisions of

exclude other quasi-contracts which articles 1317, 1403, No. 1, and 1404

may come within the purview of the regarding unauthorized contracts shall

preceding article. (n) govern.

SECTION 1 In the second case, the rules on agency

in Title X of this Book shall be

Negotiorum Gestio
applicable. (1888a)

ARTICLE 2144. Whoever voluntarily

ARTICLE 2145. The officious manager
takes charge of the agency or
shall perform his duties with all the
management of the business or
diligence of a good father of a family,
and pay the damages which through his
fault or negligence may be suffered by
the owner of the property or business
under management.
The courts may, however, increase or
moderate the indemnity according to the
circumstances of each case. (1889a)
ARTICLE 2146. If the officious manager
delegates to another person all or some
of his duties, he shall be liable for the
acts of the delegate, without prejudice
to the direct obligation of the latter
toward the owner of the business.
The responsibility of two or more
officious managers shall be solidary,
unless the management was assumed
to save the thing or business from
imminent danger. (1890a)
ARTICLE 2147. The officious manager
shall be liable for any fortuitous event:
(1) If he undertakes risky operations
which the owner was not accustomed to
embark upon;
(2) If he has preferred his own interest
to that of the owner;
(3) If he fails to return the property or
business after demand by the owner;
(4) If he assumed the management in
bad faith. (1891a)
ARTICLE 2148. Except when the
management was assumed to save the
property or business from imminent
danger, the officious manager shall be
liable for fortuitous events:
(1) If he is manifestly unfit to carry on
the management;
(2) If by his intervention he prevented a
more competent person from taking up
the management. (n)
ARTICLE 2149. The ratification of the
management by the owner of the
business produces the effects of an been no imminent and manifest danger

express agency, even if the business to the property or business, the owner is

may not have been successful. (1892a) liable as under the first paragraph of the

mLdnat preceding article, provided:

ARTICLE 2150. Although the officious (1) The officious manager has acted in

management may not have been good faith, and

expressly ratified, the owner of the

(2) The property or business is intact,
property or business who enjoys the
ready to be returned to the owner. (n)
advantages of the same shall be liable

for obligations incurred in his interest, ARTICLE 2152. The officious manager is
and shall reimburse the officious personally liable for contracts which he
manager for the necessary and useful has entered into with third persons, even
expenses and for the damages which though he acted in the name of the
the latter may have suffered in the owner, and there shall be no right of
performance of his duties. action between the owner and third

persons. These provisions shall not

The same obligation shall be incumbent
apply:
upon him when the management had for

its purpose the prevention of an (1) If the owner has expressly or tacitly
imminent and manifest loss, although ratified the management, or
no benefit may have been derived.
(2) When the contract refers to things
(1893)
pertaining to the owner of the business.
ARTICLE 2151. Even though the owner (n)
did not derive any benefit and there has
ARTICLE 2153. The management is ARTICLE 2156. If the payer was in doubt

extinguished: whether the debt was due, he may

recover if he proves that it was not due.

(1) When the owner repudiates it or puts
(n)
an end thereto;

ARTICLE 2157. The responsibility of two

(2) When the officious manager
or more payees, when there has been
withdraws from the management,
payment of what is not due, is solidary.
subject to the provisions of article 2144;
(n)

(3) By the death, civil interdiction,

ARTICLE 2158. When the property
insanity or insolvency of the owner or
delivered or money paid belongs to a
the officious manager. (n)
third person, the payee shall comply

SECTION 2 with the provisions of article 1984. (n)

Solutio Indebiti ARTICLE 2159. Whoever in bad faith

accepts an undue payment, shall pay

ARTICLE 2154. If something is received
legal interest if a sum of money is
when there is no right to demand it, and
involved, or shall be liable for fruits
it was unduly delivered through mistake,
received or which should have been
the obligation to return it arises. (1895)
received if the thing produces fruits.

ARTICLE 2155. Payment by reason of a

He shall furthermore be answerable for
mistake in the construction or
any loss or impairment of the thing from
application of a doubtful or difficult
any cause, and for damages to the
question of law may come within the
person who delivered the thing, until it is
scope of the preceding article. (n)
recovered. (1896a)
ARTICLE 2160. He who in good faith
accepts an undue payment of a thing
certain and determinate shall only be
responsible for the impairment or loss
of the same or its accessories and
accessions insofar as he has thereby
been benefited. If he has alienated it, he
shall return the price or assign the
action to collect the sum. (1897)
ARTICLE 2161. As regards the
reimbursement for improvements and
expenses incurred by him who unduly
received the thing, the provisions of Title
V of Book II shall govern. (1898)
ARTICLE 2162. He shall be exempt from
the obligation to restore who, believing
in good faith that the payment was
being made of a legitimate and
subsisting claim, destroyed the
document, or allowed the action to
prescribe, or gave up the pledges, or
cancelled the guaranties for his right. He
who paid unduly may proceed only
against the true debtor or the guarantors
with regard to whom the action is still
effective. (1899)
ARTICLE 2163. It is presumed that there
was a mistake in the payment if
something which had never been due or
had already been paid was delivered; but
he from whom the return is claimed may
prove that the delivery was made out of
liberality or for any other just cause.
(1901)
SECTION 3
Other Quasi-Contracts
ARTICLE 2164. When, without the
knowledge of the person obliged to give
support, it is given by a stranger, the
latter shall have a right to claim the
same from the former, unless it appears
that he gave it out of piety and without
intention of being repaid. (1894a)
ARTICLE 2165. When funeral expenses
are borne by a third person, without the
knowledge of those relatives who were
obliged to give support to the deceased, ARTICLE 2168. When during a fire, flood,

said relatives shall reimburse the third storm, or other calamity, property is

person, should the latter claim saved from destruction by another

reimbursement. (1894a) person without the knowledge of the

owner, the latter is bound to pay the

ARTICLE 2166. When the person obliged
former just compensation.
to support an orphan, or an insane or

other indigent person unjustly refuses to ARTICLE 2169. When the government,

give support to the latter, any third upon the failure of any person to comply

person may furnish support to the needy with health or safety regulations

individual, with right of reimbursement concerning property, undertakes to do

from the person obliged to give support. the necessary work, even over his

The provisions of this article apply when objection, he shall be liable to pay the

the father or mother of a child under expenses.

eighteen years of age unjustly refuses to

ARTICLE 2170. When by accident or
support him.
other fortuitous event, movables

ARTICLE 2167. When through an separately pertaining to two or more

accident or other cause a person is persons are commingled or confused,

injured or becomes seriously ill, and he the rules on co-ownership shall be

is treated or helped while he is not in a applicable. sELedE

condition to give consent to a contract,

ARTICLE 2171. The rights and
he shall be liable to pay for the services
obligations of the finder of lost personal
of the physician or other person aiding
property shall be governed by articles
him, unless the service has been
719 and 720.
rendered out of pure generosity.
ARTICLE 2172. The right of every Quasi-delicts

possessor in good faith to

ARTICLE 2176. Whoever by act or
reimbursement for necessary and useful
omission causes damage to another,
expenses is governed by article 546.
there being fault or negligence, is

ARTICLE 2173. When a third person, obliged to pay for the damage done.

without the knowledge of the debtor, Such fault or negligence, if there is no

pays the debt, the rights of the former pre-existing contractual relation

are governed by articles 1236 and 1237. between the parties, is called a

quasi-delict and is governed by the

ARTICLE 2174. When in a small
provisions of this Chapter. (1902a)
community a majority of the inhabitants

of age decide upon a measure for ARTICLE 2177. Responsibility for fault or

protection against lawlessness, fire, negligence under the preceding article is

flood, storm or other calamity, any one entirely separate and distinct from the

who objects to the plan and refuses to civil liability arising from negligence

contribute to the expenses but is under the Penal Code. But the plaintiff

benefited by the project as executed cannot recover damages twice for the

shall be liable to pay his share of said same act or omission of the defendant.

expenses. (n)

ARTICLE 2175. Any person who is ARTICLE 2178. The provisions of

constrained to pay the taxes of another articles 1172 to 1174 are also applicable

shall be entitled to reimbursement from to a quasi-delict. (n)

the latter.
ARTICLE 2179. When the plaintiff’s own

CHAPTER 2 negligence was the immediate and

proximate cause of his injury, he cannot responsible for damages caused by

recover damages. But if his negligence their employees in the service of the

was only contributory, the immediate branches in which the latter are

and proximate cause of the injury being employed or on the occasion of their

the defendant’s lack of due care, the functions.

plaintiff may recover damages, but the

Employers shall be liable for the
courts shall mitigate the damages to be
damages caused by their employees
awarded. (n)
and household helpers acting within the

ARTICLE 2180. The obligation imposed scope of their assigned tasks, even

by article 2176 is demandable not only though the former are not engaged in

for one’s own acts or omissions, but any business or industry.

also for those of persons for whom one

The State is responsible in like manner
is responsible.
when it acts through a special agent; but

The father and, in case of his death or not when the damage has been caused

incapacity, the mother, are responsible by the official to whom the task done

for the damages caused by the minor properly pertains, in which case what is

children who live in their company. provided in article 2176 shall be

applicable.
Guardians are liable for damages

caused by the minors or incapacitated Lastly, teachers or heads of

persons who are under their authority establishments of arts and trades shall

and live in their company. be liable for damages caused by their

pupils and students or apprentices, so

The owners and managers of an
long as they remain in their custody.
establishment or enterprise are likewise
The responsibility treated of in this shall cease only in case the damage

article shall cease when the persons should come from force majeure or

herein mentioned prove that they from the fault of the person who has

observed all the diligence of a good suffered damage. (1905)

father of a family to prevent damage.

ARTICLE 2184. In motor vehicle
(1903a)
mishaps, the owner is solidarily liable

ARTICLE 2181. Whoever pays for the with his driver, if the former, who was in

damage caused by his dependents or the vehicle, could have, by the use of the

employees may recover from the latter due diligence, prevented the misfortune.

what he has paid or delivered in It is disputably presumed that a driver

satisfaction of the claim. (1904) was negligent, if he had been found

guilty of reckless driving or violating

ARTICLE 2182. If the minor or insane
traffic regulations at least twice within
person causing damage has no parents
the next preceding two months.
or guardian, the minor or insane person

shall be answerable with his own If the owner was not in the motor

property in an action against him where vehicle, the provisions of article 2180

a guardian ad litem shall be appointed. are applicable. (n)

(n)
ARTICLE 2185. Unless there is proof to

ARTICLE 2183. The possessor of an the contrary, it is presumed that a

animal or whoever may make use of the person driving a motor vehicle has been

same is responsible for the damage negligent if at the time of the mishap, he

which it may cause, although it may was violating any traffic regulation. (n)

escape or be lost. This responsibility

ARTICLE 2186. Every owner of a motor ARTICLE 2189. Provinces, cities and

vehicle shall file with the proper municipalities shall be liable for

government office a bond executed by a damages for the death of, or injuries

government-controlled corporation or suffered by, any person by reason of the

office, to answer for damages to third defective condition of roads, streets,

persons. The amount of the bond and bridges, public buildings, and other

other terms shall be fixed by the public works under their control or

competent public official. (n) supervision. (n)

ARTICLE 2187. Manufacturers and ARTICLE 2190. The proprietor of a

processors of foodstuffs, drinks, toilet building or structure is responsible for

articles and similar goods shall be liable the damages resulting from its total or

for death or injuries caused by any partial collapse, if it should be due to the

noxious or harmful substances used, lack of necessary repairs. (1907)

although no contractual relation exists

ARTICLE 2191. Proprietors shall also be
between them and the consumers. (n)
responsible for damages caused:

ARTICLE 2188. There is prima facie

(1) By the explosion of machinery which
presumption of negligence on the part
has not been taken care of with due
of the defendant if the death or injury
diligence, and the inflammation of
results from his possession of
explosive substances which have not
dangerous weapons or substances,
been kept in a safe and adequate place;
such as firearms and poison, except

when the possession or use thereof is (2) By excessive smoke, which may be
indispensable in his occupation or harmful to persons or property;
business. (n)
(3) By the falling of trees situated at or ARTICLE 2194. The responsibility of two

near highways or lanes, if not caused by or more persons who are liable for

force majeure; quasi-delict is solidary. (n)

(4) By emanations from tubes, canals,

sewers or deposits of infectious matter,

constructed without precautions

suitable to the place. (1908)

ARTICLE 2192. If damage referred to in

the two preceding articles should be the

result of any defect in the construction

mentioned in article 1723, the third

person suffering damages may proceed

only against the engineer or architect or

contractor in accordance with said

article, within the period therein fixed.

(1909a)

ARTICLE 2193. The head of a family that

lives in a building or a part thereof, is

responsible for damages caused by

things thrown or falling from the same.

(1910)