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Title XVII.

- EXTRA-CONTRACTUAL OBLIGATIONS
CHAPTER 1
QUASI-CONTRACTS
Art. 2142. Certain lawful, voluntary and unilateral acts give rise to
the juridical relation of quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense of another.
Art. 2143. The provisions for quasi-contracts in this Chapter do not
exclude other quasi-contracts which may come within the purview of
the
preceding
article.
SECTION 1. - Negotiorum Gestio
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)
Art. 2145. The officious manager shall perform his duties with all the
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)

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. If the officious manager delegates to another person all or some of his duties. Although the officious management may not have been expressly ratified. Art. Except when the management was assumed to save property or business from imminent danger. The ratification of the management by the owner of the business produces the effects of an express agency.Art. 2148. the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest. (1892a) Art. (1890a) Art. (1891a) Art. he shall be liable for the acts of the delegate. and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. 2150. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss. (1893) . The responsibility of two or more officious managers shall be solidary. (2) If by his intervention he prevented a more competent person from taking up the management. (4) If he assumed the management in bad faith. without prejudice to the direct obligation of the latter toward the owner of the business. unless the management was assumed to save the thing or business from imminent danger. 2146. (2) If he has preferred his own interest to that of the owner. 2149. 2147. even if the business may not have been successful. the officious manager shall be liable for fortuitous events: (1) If he is manifestly unfit to carry on the management. (3) If he fails to return the property or business after demand by the owner. although no benefit may have been derived.

These provisions shall not apply: (1) If the owner has expressly or tacitly ratified the management. 2155. 2156. and (2) The property or business is intact. (2) When the officious manager withdraws from management. Art. . he may recover if he proves that it was not due. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. ready to be returned to the owner. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business. 2152.Art. The officious manager is personally liable for contracts which he has entered into with third persons. If something is received when there is no right to demand it. subject to the provisions of Article 2144. 2154. and it was unduly delivered through mistake. and there shall be no right of action between the owner and third persons. provided: (1) The officious manager has acted in good faith. the (3) By the death. or (2) When the contract refers to things pertaining to the owner of the business. 2153. 2151. insanity or insolvency of the owner or the officious manager. the owner is liable as under the first paragraph of the preceding article. If the payer was in doubt whether the debt was due. Art.Solutio Indebiti Art. . The management is extinguished: (1) When the owner repudiates it or puts an end thereto. even though he acted in the name of the owner. (1895) Art. the obligation to return it arises. Art. civil interdiction. SECTION 2.

Whoever in bad faith accepts an undue payment. but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. When.Other Quasi-Contracts Art. He shall furthermore be answerable for any loss or impairment of the thing from any cause. or shall be liable for fruits received or which should have been received if the thing produces fruits. Art. destroyed the document.Art. The responsibility of two or more payees. (1901) SECTION 3. (1898) Art. or cancelled the guaranties for his right. 2161. or allowed the action to prescribe. and for damages to the person who delivered the thing. 2159. If he has alienated it. 2164. believing in good faith that the payment was being made of a legitimate and subsisting claim. without the knowledge of the person obliged to . When the property delivered or money paid belongs to a third person. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. when there has been payment of what is not due. the payee shall comply with the provisions of article 1984. is solidary. 2162. (1896a) Art. (1899) Art. 2157. (1897) Art. . Art. 2158. 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. shall pay legal interest if a sum of money is involved. or gave up the pledges. 2163. He shall be exempt from the obligation to restore who. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing. 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. he shall return the price or assign the action to collect the sum. the provisions of Title V of Book II shall govern. until it is recovered.

When funeral expenses are borne by a third person. Art. the latter is bound to pay the former just compensation. or an insane or other indigent person unjustly refuses to give support to the latter. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. . Art. 2165. upon the failure of any person to comply with health or safety regulations concerning property. unless it appears that he gave it out of piety and without intention of being repaid. 2168. Art. undertakes to do the necessary work. flood. When during a fire. even over his objection. said relatives shall reimburse the third person. Art. Art. any third person may furnish support to the needy individual. Art. with right of reimbursement from the person obliged to give support. the rules on co-ownership shall be applicable. storm. and he is treated or helped while he is not in a condition to give consent to a contract. When the person obliged to support an orphan. When the government. 2170. he shall be liable to pay for the services of the physician or other person aiding him. (1894a) Art. property is saved from destruction by another person without the knowledge of the owner. When by accident or other fortuitous event. movables separately pertaining to two or more persons are commingled or confused. should the latter claim reimbursement. 2167. 2172. without the knowledge of those relatives who were obliged to give support to the deceased. or other calamity. 2166. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. 2169. (1894a) Art. the latter shall have a right to claim the same from the former. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. he shall be liable to pay the expenses. When through an accident or other cause a person is injured or becomes seriously ill. unless the service has been rendered out of pure generosity. 2171. it is given by a stranger.give support.

2179. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. flood. pays the debt. Such fault or negligence. 2178. the rights of the former are governed by Articles 1236 and 1237. 2180. But if his negligence was only contributory. Art. 2177. . the plaintiff may recover damages. Art. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. storm or other calamity. there being fault or negligence. When the plaintiff's own negligence was the immediate and proximate cause of his injury. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. 2174. 2175. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness. fire. 2176. (1902a) Art. but the courts shall mitigate the damages to be awarded. Art. When a third person. Whoever by act or omission causes damage to another. without the knowledge of the debtor. he cannot recover damages. the immediate and proximate cause of the injury being the defendant's lack of due care. but also for those of persons for whom one is responsible.Art. CHAPTER 2 QUASI-DELICTS Art. if there is no pre-existing contractual relation between the parties. 2173. Art. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. is obliged to pay for the damage done. is called a quasi-delict and is governed by the provisions of this Chapter. Art. 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.

2182. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. are responsible for the damages caused by the minor children who live in their company. (1904) Art. (1903a) Art. If the minor or insane person causing damage has no parents or guardian. Art.The father and. in case of his death or incapacity. the mother. 2181. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. but not when the damage has been caused by the official to whom the task done properly pertains. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. Lastly. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause. This responsibility shall cease only in case . although it may escape or be lost. 2183. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. so long as they remain in their custody. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. even though the former are not engaged in any business or industry. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. in which case what is provided in Article 2176 shall be applicable. The State is responsible in like manner when it acts through a special agent.

if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. 2190. Provinces. Proprietors shall also be responsible for damages caused: . (1905) Art. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office. prevented the misfortune. It is disputably presumed that a driver was negligent. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse. although no contractual relation exists between them and the consumers. If the owner was not in the motor vehicle. it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap. to answer for damages to third persons. by the use of the due diligence. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances. 2189. Art. The amount of the bond and other terms shall be fixed by the competent public official. or injuries suffered by. bridges. Art. Art. 2188. In motor vehicle mishaps. (1907) Art. toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used. who was in the vehicle. if the former. Art. any person by reason of the defective condition of roads. Manufacturers and processors of foodstuffs. public buildings. if it should be due to the lack of necessary repairs. cities and municipalities shall be liable for damages for the death of. the owner is solidarily liable with his driver. 2185. Art. except when the possession or use thereof is indispensable in his occupation or business. 2191. he was violating any traffic regulation. Unless there is proof to the contrary. 2187. such as firearms and poison. 2186. Art. 2184. drinks. the provisions of Article 2180 are applicable.the damage should come from force majeure or from the fault of the person who has suffered damage. and other public works under their control or supervision. could have. streets.

(3) By the falling of trees situated at or near highways or lanes. which may be harmful to persons or property. if not caused by force majeure. canals. (1908) Art. (1910) Art. 2194. sewers or deposits of infectious matter. The head of a family that lives in a building or a part thereof. (2) By excessive smoke. within the period therein fixed. is responsible for damages caused by things thrown or falling from the same. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723. The responsibility of two or more persons who are liable for quasi-delict is solidary. constructed without precautions suitable to the place. 2193. and the inflammation of explosive substances which have not been kept in a safe and adequate place. 2192. (1909) Art. (4) By emanations from tubes. . the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article.(1) By the explosion of machinery which has not been taken care of with due diligence.