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The​ Civil Code of the Philippines​ is the product of the codification of private law in the 

Philippines. It is the general law that governs family and property relations in the 
Philippines. It was enacted in 1950, and remains in force to date with some significant 
amendments. 
Codification -​ the action or process of arranging laws or rules according to a system or 
plan. 

Amendments -​ a minor change or addition designed to improve a text, piece of 


legislation, etc. 
Chapter 1: General Provisions 
 
Title I 
Obligations 
 
Article 1156. A​ n obligation is a juridical necessity to give, to do or not to do. (n)  

Article 1157. O
​ bligations rise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or 
Omissions punished by law and; (5) Quasi-delicts. (1089a) 
 
Those are the sources of obligations.  

1. Law ​- when they are imposed by the law itself, e.g., the obligation to pay taxes; the 
obligation to support one’s family. 

2. Contracts​ - when they arise from the stipulation (​an agreement between the 
parties to a lawsuit​) of the parties. 

3. Quasi-contracts​ - an obligation of one party to another imposed (​require [a duty, 


charge, or penalty] to be undertaken or paid​) by law independently of an 
agreement between the parties, e.g., the obligation to return money paid by 
mistake or which is not due.  

4. Acts or Omissions punished by law​ - when they arise from a civil liability which is 
the consequence of a criminal offense, e.g., the obligation of a thief to return the 
car stolen by him; the obligation of the killer to indemnify (​compensate for harm or 
loss​) the heirs of his victim. 

5. Quasi-delicts -​ when they arise from damage caused to another through an act or 
omission, there being fault or negligence, but no contractual relation exists 
between the parties, e.g., the obligation of the head of the family that lives in a 
building or a part thereof to answer for damages caused by things thrown or 
falling from the same.  

Article 1158. O
​ bligations derived from law are not presumed. Only those expressly 
determined in this Code or in special laws are demandable and shall be regulated by the 
precepts of the law which establishes them; and as to what has not been foreseen, by the 
provisions of this Book. (1090) 
Obligations arising from law are n ​ ot ​presumed (​to suppose to be true without proof​) 
because they are considered a burden upon the obligor (​the person who is bound to the 
fulfillment of the obligation; he who has a duty​). 

E.g., Because there’s no law that requires this, an employee has no right to hold the 
employer liable to pay legal assistance; a private school has no legal obligation to provide 
clothing allowance to its teachers. A person who wins money in gambling has the duty to 
return his winnings to the loser because it’s provided by law. 

Article 1159. O
​ bligations arising from contracts have the force of law between the 
contracting parties and should be complied with in good faith. (1091a) 

The above article speaks of contractual obligations or obligations arising from contracts 
or voluntary agreements. 

1. Binding force ​- governed by the agreement of the contracting parties. 

2. Requirements of a valid contract -​ contracts must be valid and enforceable. In the 


eyes of the law, void contracts don’t exist. 

3. Where contract requires approval by the government​ - should be verified and 


approved by the government before it can take effect. 

4. Compliance in good faith​ - compliance in accordance with stipulations in good 


faith (​sincere intention to fairly deal with others​). 

5. Liability for breach of contract​ - may render the contract ineffective. 

6. Preservation of interest of promisee​ (​a person to whom a promise is made​) - the 


effect of every infraction (​a violation or infringement of a law or agreement​) is to 
create a new duty -- to recompense the injured.  

Article 1160. O
​ bligations derived from quasi-contracts shall be subject to the provisions 
of Chapter 1, Title XVII, of this Book. (n) 

Aq​ uasi-contract​ is a contract that exists by order of a court, not by agreement of the 
parties. Courts create quasi-contracts​ to avoid the unjust enrichment (​ ​the action of 
improving or enhancing the quality or value of something​)​ of a party in a dispute (​ ​A 
conflict or controversy; a conflict of claims or rights​) o
​ ver payment for a good or service​. 

Concept of Quasi-Contract 

​ istinguishing it from delict (​a 


1. Act giving rise to quasi-contract must be​ lawful d
violation of the law​); 

2. Act must be ​voluntary​ distinguishing it from quasi-delict which is based on fault or 
negligence 

3. Act must be​ unilateral d


​ istinguishing it from contract which is based on agreement 
Principal Kinds of Quasi-contracts 

1. Negotiorum Gestio​ - Unauthorized management; arises whenever a person 


voluntary takes charge of the agency or management of another’s abandoned 
business or property without the latter’s authority. 
2. Solutio Indebiti​ - Undue payment; arises when a person unduly delivers a thing 
through mistake to another who has no right to demand it. 

Other examples of quasi-contracts are provided in Article 2164 to Article 2175 of 
the Civil Code. 

Article 1161. C​ ivil obligations arising from criminal offenses shall be governed by the 
penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of 
Chapter 2, Preliminary Title on Human Relations, and of Title XVII of this Book, and by 
special laws. (1093a) 

This provision refers to civil obligations arising from crimes. Under the law “every person 
criminally liable for a felony (​a crime, typically one involving violence, regarded as more 
serious than a misdemeanor [​ a minor wrongdoing]​, and usually punishable by 
imprisonment for more than one year or by death)​ is also civilly liable”. The civil liability 
arising out of the commission of crime includes: (1) restitution (2) reparation of damage 
caused and (3) indemnification of consequential damages. 

E.g., Mang Kanor is found guilty by the court of theft of colored television belonging to 
Mang Wally. Aside from sentencing him imprisonment, the court also orders Mang Kanor 
to return the colored television (restitution), or if he has disposed of the same, to pay its 
value (reparation) and other damages (indemnification) suffering by Mang Wally. 

Article 1162. O
​ bligations derived from quasi-delicts shall be governed by the provisions 
of Chapter 2, Title XVII of this Book, and by special law. (1093a) 

Aq ​ uasi-delict​ is an act or omission by a person which causes damage to another giving 


rise to an obligation to pay for the damage done, there being fault or negligence but 
there is no pre-existing contractual relation between the parties. 

Before a person can be held liable for quasi delict, the following requisites must be 
present: 

1. There must be an act or omission. 

2. There must be fault or negligence. 

3. There must be damage caused. 

4. There must be a direct relation of cause and effect between the act or omission and 
the damage. 

5. There is no pre-existing contractual relation between the parties. 

 
Title III: Natural Obligations 

Article 1423. O​ bligations are civil or natural. Civil obligations give a right of action to 
compel (​force or oblige​) their performance. Natural obligations, not being based on 
positive law but on equity and natural law, do not grant a right or action to enforce their 
performance, but after voluntary fulfillment by the obligor, they authorize the retention of 
what has been delivered or rendered by reason thereof. Some natural obligations are set 
forth in the following articles.  

Article 1424. W​ hen a right to sue upon a civil obligation has lapsed by extinctive 
prescription (​extinction of a right to claim due to time lapse​), the obligor who voluntarily 
performs the contract cannot recover what he has delivered or the value of the service he 
has rendered.  

Article 1425. W
​ hen, without the knowledge or against the will of the debtor, a third 
person pays a debt which the obligor is not legally bound to pay because the action 
thereon has prescribed, but the debtor later voluntarily reimburses the third person, the 
obligor cannot recover what he has paid.  

Article 1426. W​ hen a minor between 18 to 21 years of age who has entered a contract 
without the consent of the parent or guardian, after the annulment of the contract, 
voluntarily returns the whole thing or price received, notwithstanding the fact that he has 
not been benefited thereby, there is no right to demand the thing or price thus returned. 

Article 1427. W
​ hen a minor between 18 to 21 years of age who has entered a contract 
without the consent of the parent or guardian, voluntarily pays a sum of money or 
delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover 
the same from the obligee who has spent or consumed it in good faith. (1160a) 

Fungible - g​ oods which are interchangeable, often sold or delivered in bulk, since any one 
of them is as good as another; Fungible goods have no distinguishing characteristics from 
others of like kind, such as grains or oils, so that they can be easily replaced or 
substituted.  

It is not the voluntary payment that prevents recovery under this article, but the fact that 
the obligee has consumed it in good faith. It is true that the contract can be annulled, but 
until it is annulled, it exists as a civil obligation. 

The good faith of the creditor consists in the belief that the debtor has the capacity to 
deliver the object of the contract. 

Article 1428. W
​ hen, after an action to enforce a civil obligation has failed, the defendant 
voluntarily performs the obligation, he cannot demand the return of what he has 
delivered or the payment of the value of the service he has rendered. 

Article 1429. W
​ hen a testate or intestate heir voluntarily pays a debt of the decedent 
exceeding the value of the property which he received by will or by the laws of intestacy 
from the estate of the deceased, the payment is valid and cannot be rescinded by the 
payer. 
Testate ​- having made a valid will before one dies. 

Intestate ​- not having made a will before one dies. 

Decedent -​ a person who has died. 

Rescind ​- revoke, cancel, or repeal (a law, order, or agreement). 

The reason for this is that the heir has a moral duty to fulfill to clear the name or credit of 
the decedent to whom he is related either by blood or by other filial relationship. 

Article 1430. W
​ hen a will is declared void because it has not been executed in accordance 
with the formalities required by law, but one of the intestate heirs, after the settlement of 
the debts of the deceased, pays a legacy in compliance with a clause in the defective will, 
the payment is effective and irrevocable. 

Kung ang isang habilin ay ipinahayag na walang bisa dahilan sa hindi ito isinagawa ng 
tama ayon sa pormalidad na itinakda ng batas, ngunit ang isa sa mga tagapagmana, 
matapos bayaran ang utang ng namatay, ay pinagtuunan ng pansin ang pag-aayos ng 
kasulatan na siyang nagpamali sa kasulatan, ang kabayaran ay epektibo at di mababago. 

Irrevocable ​- not able to be changed, reversed, or recovered; final. 

Chapter 1: Quasi-contracts 

Title XVII: Extra-contractual Obligations 

Article 2142. C
​ ertain 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. (n)  

Refer to Article 1160.  

Article 2143. T
​ he provisions for quasi-contracts in this Chapter do not exclude other 
quasi-contracts which may come within the purview of the preceding article. (n) 

Purview -​ The part of a statute or a law that delineates its purpose and scope 

Delineates -​ describes or portrays (something) precisely. 

Section 1: Negotiorum Gestio 

Article 2144. W
​ hoever 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) 

Thus, if through the efforts of X, a neighbor, the house of Y was saved from being burned, 
Y has the obligation to reimburse X for the expenses X incurred although Y did not 
actually give his consent to the act of X in saving his house on the principle of 
quasi-contract. 

Tacit ​- refers to something done or made in silence, as in a tacit agreement 

Article 2145. T
​ he 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 of business under management. 

The courts may, however, increase or moderate the indemnity according to the 
circumstances of each case. (1889a) 

Officious -​ assertive of authority in an annoyingly domineering way, especially with regard 


to petty or trivial matters. 

Assertive -​ having or showing a confident and forceful personality. 

Domineer ​- assert one's will over another in an arrogant way. 

Indemnity - ​compensation in money or property for a loss suffered. It also means a 


contract to save another from the legal consequences of the conduct of one of the 
parties or of a third person. It is an agreement whereby one party agrees to secure 
another against an anticipated loss or damage. 

Article 2146. I​ f 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 manager shall be solidary, unless the 
management was assumed to save the thing or business from imminent danger. (1890a) 

Officious - assertive of authority in an annoyingly domineering way, especially with regard 


to petty or trivial matters. 

Assertive -​ having or showing a confident and forceful personality. 

Domineer - assert one's will over another in an arrogant way. 

Without prejudice ​- the plaintiff is free to refile the claim in a different court. 

Solidary ​- a legal relationship where one or more of several debtors are each liable to pay 
the entire amount, or one or more of several creditors each able to collect the whole. In 
short, it’s an obligation under which any of two or more obligors can be held liable for the 
entire performance like payment of a debt.  
Imminent ​- about to happen. 

Article 2147. T
​ he 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) 

Officious - assertive of authority in an annoyingly domineering way, especially with regard 


to petty or trivial matters. 

Assertive -​ having or showing a confident and forceful personality. 

Domineer - assert one's will over another in an arrogant way. 

Fortuitous ​- happening by accident or chance rather than design; an event of natural or 
human origin that could not have been reasonably foreseen or expected and is out of the 
control of the persons concerned (as parties to a contract)  

Undertake ​- commit oneself to and begin (an enterprise or responsibility); take on. 

Accustom -​ familiar with something; usual 

Embark ​- begin (a course of action, especially one that is important or demanding). 

Assume ​- take over 

Bad faith -​ intentional dishonest act by not fulfilling legal or contractual obligations, 
misleading another, entering into an agreement without the intention or means to fulfill it, 
or violating basic standards of honesty in dealing with others. 

Article 2148. E
​ xcept when the management was assumed to save property or business 
from imminent danger, the officious manager should 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) 

Officious -​ assertive of authority in an annoyingly domineering way, especially with regard 


to petty or trivial matters. 

Assertive -​ having or showing a confident and forceful personality. 

Domineer ​- assert one's will over another in an arrogant way. 

Imminent ​- about to happen. 

Fortuitous ​- happening by accident or chance rather than design; an event of natural or 
human origin that could not have been reasonably foreseen or expected and is out of the 
control of the persons concerned (as parties to a contract)  
Manifest -​ clear or obvious to the eye or mind. 

Intervention ​- the action or process of intervening. 

Intervene -​ come between so as to prevent or alter a result or course of events.  

Competent -​ having the necessary ability, knowledge, or skill to do something 


successfully. 

Article 2149. T
​ he ratification of the management by the owner of the business produces 
the effects of an express agency, even if the business may not have been successful. 
(1892a) 

Ratification -​ the action of signing or giving formal consent to a treaty, contract, or 
agreement, making it officially valid. 

Express agency -​ an actual agency created by written or oral agreement between the 
principal and the agent. Through this agreement the principal authorizes a person to act 
as the principal's agent. 

Article 2150. A​ lthough the officious management may not have been expressly ratified, 
the owner of the property or business who enjoys the advantages of the same shall be 
liable for obligations incurred in his intent, 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. 

The same obligation shall be incumbent upon him when the management had for its 
purpose the prevention of an imminent and manifest loss, although no benefit may have 
been derived. (1893) 

Ratify ​- sign or give formal consent to (a treaty, contract, or agreement), making it 
officially valid. 

Incur -​ become subject to (something unwelcome or unpleasant) as a result of one's own 


behavior or actions. 

Subject to ​- likely or prone to be affected by. 

Reimburse ​- repay (a person who has spent or lost money). 

Incumbent ​- necessary for (someone) as a duty or responsibility. 

Imminent ​- about to happen. 

Manifest -​ clear or obvious to the eye or mind. 


Article 2151. E
​ ven though the owner did not derive any benefit and there has been no 
imminent and manifest danger to the property or business, the owner is liable as under 
the first paragraph of the preceding article, provided: 

1. The officious manager has acted in good faith, and 


2. The property or business is intact, ready to be returned to the owner. (n) 

Imminent ​- about to happen. 

Manifest -​ clear or obvious to the eye or mind. 

Preceding ​- coming before something in order, position, or time. 

Good faith ​- a sincere intention to deal fairly with others. 

Derive ​- obtain something from. 

Article 2152. T
​ he officious manager is personally liable for contracts which he has 
entered into with third persons, even though he acted in the name of the owner, and 
there shall be no right of action between the owner and third persons. These provisions 
shall not apply: 

1. If the owner has expressly or tacitly ratified the management, or 


2. When the contract refers to things pertaining to the owner of the business. (n) 

Tacitly -​ in a way that is understood or implied without being directly stated. 

Ratify ​- sign or give formal consent to (a treaty, contract, or agreement), making it 
officially valid. 

Article 2153. T
​ he management is extinguished: 

1. When the owner repudiates it or puts an end thereto; 


2. When the officious manager withdraws from the management, subject to the 
provisions of article 2144; 
3. By death, civil interdiction, insanity, or insolvency of the owner or the officious 
manager. (n) 

Extinguish ​- put an end to; annihilate. 

Repudiate -​ refuse to fulfill or discharge (an agreement, obligation, or debt). 

Thereto -​ to that or that place. 

Interdiction ​- the action of prohibiting or forbidding something. 

Civil interdiction ​- a legal restraint upon a person incapable of managing his estate, 
because of mental incapacity, from signing any deed or doing any act to his own 
prejudice, without the consent of his curator or interdictor. 

Insolvency -​ the state of being insolvent; inability to pay one's debts. 


Section 2: Solutio Indebiti 

Article 2154. I​ f something is received when there is no right to demand it, and it was 
unduly delivered through mistake, the obligation to return it arises. (1895) 

Unduly -​ done out of proportion with what's reasonable or right. 

Article 2155. P
​ ayment 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. 
(n) 

Article 2156. I​ f the payer was in doubt whether the debt was due, he may recover it, he 
may recover if he proves that it was not due. (n) 

Due ​- Just; proper; regular; lawful; sufficient; reasonable 

Payer ​- a person or organization that gives someone money that is due for work done, 
goods received, or a debt incurred. 

Article 2157. T
​ he responsibility of two or more payees, when there has been payment of 
what is not due, is solidary. (n) 

Solidary ​- a legal relationship where one or more of several debtors are each liable to pay 
the entire amount, or one or more of several creditors each able to collect the whole. In 
short, it’s an obligation under which any of two or more obligors can be held liable for the 
entire performance like payment of a debt.  

Payees -​ a person to whom money is paid or is to be paid. 

Article 2158. W
​ hen the property delivered or money paid belongs to a third person, the 
payee shall comply with the provisions of article 1984. (n) 

Art. 1984. The depositary cannot demand that the depositor prove his ownership of the 
thing deposited. 

Nevertheless, should he discover that the thing has been stolen and who its true owner is, 
he must advise the latter of the deposit. 

If the owner, in spite of such information, does not claim it within the period of one 
month, the depositary shall be relieved of all responsibility by returning the thing 
deposited to the depositor. 

If the depositary has reasonable grounds to believe that the thing has not been lawfully 
acquired by the depositor, the former may return the same. (1771a) 

Depositary ​- a person to whom something is lodged in trust. 

Article 2159. W
​ hoever in bad faith accepts an undue payment, shall pay legal interest if a 
sum of money is involved, or shall be liable for fruits received or which should have been 
received if the thing produces fruits. 
He shall furthermore be answerable for any loss or impairment of the thing from any 
cause, and for damages to the person who delivered the thing, until it is recovered. 
(1896a) 

Article 2160. H​ e who in good faith accepts an undue payment of a thing certain and 
determinate shall only be responsible for the impairment of loss of the same or its 
accessories and accessions insofar as he thereby been benefited. If he has alienated it, he 
shall return the price or assign the action to collect the sum. (1897) 

Good faith ​- a sincere intention to deal fairly with others.  

Accession ​- a new item added to an existing collection of books, paintings, or artifacts. 

Insofar ​- to the extent that. 

Alienate ​- transfer ownership of (property rights) to another person or group. 

Article 2161. A
​ s regards the reimbursement for improvements and expenses incurred by 
him who unduly received the thing, the provisions of the Title V of Book II shall govern. 
(1898) 

Article 2162. H​ e 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 allow 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) 

Subsist ​- remain in being, force, or effect. 

Article 2163. I​ t 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) 

Presume -​ suppose that something is the case on the basis of probability. 

Liberality -​ the quality of giving or spending freely; the quality of being open to new ideas 
and free from prejudice. 

Section 3: Other Quasi-contracts 

Article 2164. W
​ hen, 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 the intention of being repaid. (1894a) 

Piety -​ the quality of being religious or reverent. 

Article 2165. W
​ hen funeral expenses are borne by third person, without the knowledge of 
those relatives who were obliged to give support to the deceased, said relatives shall 
reimburse the third person, should the latter claim reimbursement. (1894a) 
Borne ​- support 

Article 2166. W
​ hen the person obliged to support an orphan, or an insane or other 
indigent person unjustly refuses to give support to the latter, any third person may 
furnish support to the needy individual, with the right of reimbursement from the person 
obliged to give support. The provisions of this article may apply when the father or 
mother of a child under eighteen years of age unjustly refuses to support him. 

Furnish ​- be a source of; provide. 

Article 2167. W ​ hen through an accident or other cause a person is injured or becomes 
seriously ill, and he is treated or helped while he is not in a condition to give consent to a 
contract, he shall be liable to pay for the services of the physician or other person aiding 
him, unless the service has been rendered out of pure generosity. 

Article 2168. W
​ hen during a fire, flood, storm, or other calamity, property is saved from 
destruction by another person without the knowledge of the owner, the latter is bound to 
pay the former just compensation. 

Article 2169. W
​ hen the government, upon the failure of any person to comply with health 
or safety regulations concerning property, undertakes to do the necessary work even 
over his objection, he shall be liable to pay the expenses. 

Article 2170. W
​ hen by accident or other fortuitous event, movables separately pertaining 
to two or more persons are commingled or confused, the rules on co-ownership shall be 
applicable. 

Fortuitous ​- happening by accident or chance rather than design; an event of natural or 
human origin that could not have been reasonably foreseen or expected and is out of the 
control of the persons concerned (as parties to a contract) 

Commingle -​ mix; blend. 

Article 2171. T
​ he rights and obligations of the finder of lost personal property shall be 
governed by articles 719 and 720. 

Article 719.​ Whoever finds a movable, which is not treasure, must return it to its previous 
possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor 
of the city or municipality where the finding has taken place. 

The finding shall be publicly announced by the mayor for two consecutive weeks in the 
way he deems best. 

If the movable cannot be kept without deterioration, or without expenses which 


considerably diminish its value, it shall be sold at public auction eight days after the 
publication. 

Six months from the publication having elapsed without the owner having appeared, the 
thing found, or its value, shall be awarded to the finder. The finder and the owner shall be 
obliged, as the case may be, to reimburse the expenses. (615a) 
Deem ​- to regard as, or to consider. 

Deterioration -​ the process of becoming progressively worse. 

Diminish ​- make (someone or something) seem less impressive or valuable. 

Elapse -​ (of time) pass or go by. 

Article 720.​ If the owner should appear in time, he shall be obliged to pay, as a reward to 
the finder, one-tenth of the sum or of the price of the thing found. (616a) 

Article 2172. T
​ he right of every possessor in good faith to reimbursement for necessary 
and useful expenses is governed by article 546.  

Article 546. N
​ ecessary expenses shall be refunded to every possessor; but only the 
possessor in good faith may retain the thing until he has been reimbursed therefor. 

Useful expenses shall be refunded only to the possessor in good faith with the same right 
of retention, the person who has defeated him in the possession having the option of 
refunding the amount of the expenses or of paying the increase in value which the thing 
may have acquired by reason thereof. (453a) 

Therefor ​- for that object or purpose 

Article 2173. W​ hen a third person, without the knowledge of the debtor, pays the debt, 
the rights of the former are governed by articles 1236 and 1237. 

Article 1236.​ The creditor is not bound to accept payment or performance by a third 
person who has no interest in the fulfillment of the obligation, unless there is a stipulation 
to the contrary. 

Whoever pays for another may demand from the debtor what he has paid, except that if 
he paid without the knowledge or against the will of the debtor, he can recover only 
insofar as the payment has been beneficial to the debtor. (1158a) 

Stipulation ​- a condition or requirement that is specified or demanded as part of an 


agreement. 

Insofar ​- to the extent that. 

Article 1237.​ Whoever pays on behalf of the debtor without the knowledge or against the 
will of the latter, cannot compel the creditor to subrogate him in his rights, such as those 
arising from a mortgage, guaranty, or penalty. (1159a) 

Compel ​- force or oblige (someone) to do something. 

Subrogation -​ The substitution of one person or group by another in respect of a debt or 
insurance claim, accompanied by the transfer of any associated rights and duties. 

Article 2174. W
​ hen in a small community a majority of inhabitants of age decide upon a 
measure for protection against lawlessness, fire, flood, storm or other calamity, anyone 
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. 

Article 2175. A
​ ny person who is constrained to pay the taxes of another shall be entitled 
to reimbursement from the latter. 

Constrained -​ compel or force (someone) to follow a particular course of action. 

Chapter 2: Quasi-delicts 

Article 2176. W
​ hoever by act or omission causes damage to another, there being fault or 
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no 
pre-existing contractual relation between the parties is called a quasi-delict and is 
governed by the provisions of this Chapter. (1902a) 

Article 2177. R
​ esponsibility for fault or negligence under the preceding article is entirely 
separate and distinct from the civil liability arising from negligence under the Penal Code. 
But the plaintiff cannot recover damages twice for the same act or omission of the 
defendant. (n) 

Plaintiff -​ a person who brings a case against another in a court of law. 

Defendant -​ an individual, company, or institution sued or accused in a court of law. 

Article 2177. T​ he provisions of articles 1172 and 1174 are also applicable to a 
quasi-delict. (n) 

Article 1172.​ Responsibility arising from negligence in the performance of every kind of 
obligation is also demandable, but such liability may be regulated by the courts, 
according to the circumstances. (1103) 

Article 1174.​ Except in cases expressly specified by the law, or when it is otherwise 
declared by stipulation, or when the nature of the obligation requires the assumption of 
risk, no person shall be responsible for those events which could not be foreseen, or 
which, though foreseen, were inevitable. (1105a) 

Stipulation ​- a condition or requirement that is specified or demanded as part of an 


agreement. 

Article 2179. W
​ hen the plaintiff’s own negligence was the immediate and proximate 
cause of his injury, he cannot recover damages. But if his negligence was only 
contributory, the immediate and proximate cause of the injury being the defendant’s lack 
of due care, the plaintiff may recover damages, but the courts shall mitigate the damages 
to be awarded. (n) 

Proximate ​- (especially of the cause of something) closest in relationship; immediate. 


Due care -​ effort made by an ordinarily prudent or reasonable party to avoid harm to 
another, taking the circumstances into account. 

Prudent ​- acting with or showing care and thought for the future. 

Mitigate ​- make less severe, serious, or painful. 

Article 2180. T
​ he obligation imposed by Article 2176 is demandable not only for one’s 
own acts or omissions, but also for those of persons for whom one is responsible. 

The father and, in case of his death and incapacity, the mother, are responsible for the 
damages caused by the minor children who live in their company.  

Guardians who are liable for damages caused by minors or incapacitated persons who are 
under their authority and live in their company. 

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. 

Employers shall be liable for the damages caused by their employees and household 
helpers acting within the scope of their assigned tasks, even though the former are not 
engaged in any business or industry. 

The state is responsible in like manner when it acts through a special agent, but not when 
the damage has been caused by the official to whom the task done properly pertains, in 
which case what is provided in article 2176 shall be applicable. 

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages 
caused by their pupils and students or apprentices as long as they remain in their 
custody.  

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. 
(1903a) 

Cease ​- bring or come to an end. 

Diligence -​ careful and persistent work or effort. 

Article 2181. W
​ hoever 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. (1904) 

Article 2182. I​ f the minor or insane person causing damage has no parents or guardian, 
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. (n) 

Guardian ad litem -​ a guardian appointed by the court to act on behalf of a minor or 
incompetent person. 
Article 2183. T
​ he possessor of an animal or whoever may make use of the same is 
responsible for the damage which it may cause, although it may escape or be lost. This 
responsibility shall cease only in case the damage should come from force majeure or 
from the fault of the person who has suffered damage. (1905) 

Force majeure -​ unforeseeable circumstances that prevent someone from fulfilling a 


contract. 

Unforeseeable -​ not able to be anticipated or predicted. 

Article 2184. I​ n motor vehicle mishaps, the owner is solidary liable with his driver, if the 
former, who was in the vehicle, could have, by the use of due diligence, prevented the 
misfortune. It is disputably presumed that a driver was negligent, if he had been found 
guilty of reckless driving or violating traffic regulations at least twice within the next 
preceding two months. If the owner was not in the motor vehicle, the provisions of article 
2180 are applicable. (n) 

Mishap ​- an unlucky accident. 

Solidary ​- a legal relationship where one or more of several debtors are each liable to pay 
the entire amount, or one or more of several creditors each able to collect the whole. In 
short, it’s an obligation under which any of two or more obligors can be held liable for the 
entire performance like payment of a debt.  

Due diligence -​ reasonable steps taken by a person in order to satisfy a legal requirement, 
especially in buying or selling something. 

Disputable ​- not established as a fact, and so open to question or debate. 

Article 2185. U
​ nless there is proof to the contrary, it is presumed that a person driving a 
motor vehicle has been negligent if at the time of the mishap, he was violating any traffic 
regulation. (n) 

Article 2186. E
​ very owner of a motor vehicle shall file with the proper government office 
a bond executed by a government-controlled corporation or office to answer for 
damages to third persons. The amount of bond and other terms shall be fixed by the 
competent public official. (n) 

The main aim of motor vehicle registration is to identify the owner so that if any accident 
happens or that any damage or injury is caused by the vehicle on the public highways, 
responsibility therefor can be fixed on the definite individual, the registered owner.  

Article 2187. M
​ anufacturers and processors of foodstuff, drinks, toilet articles and similar 
goods shall be liable for death or injuries caused by any noxious or harmful substances 
used, although no contractual relation exists between them and the consumers. 

Noxious -​ harmful, poisonous, or very unpleasant. 

Article 2188. T
​ here is a prima facie presumption of negligence on the part of the 
defendant if the death of injury results from his possession of dangerous weapons or 
substances, such as firearms and poison, except when the possession or use thereof is 
indispensable in his occupation or business. (n) 

Indispensable -​ absolutely necessary. 

Prima facie ​- sufficient to establish a fact or raise a presumption unless disproved or 
rebutted. 

Presumption ​- an idea that is taken to be true, and often used as the basis for other ideas, 
although it is not known for certain. 

Article 2189. P ​ rovinces, cities and municipalities shall be liable for damages for the death 
of, or injuries suffered by, any person by reason of the defective condition of roads, 
streets, and bridges, public buildings and other public works under their control or 
supervision. (n) 

Article 2190. T
​ he proprietor of a building or structure is responsible for the damages 
resulting from its total or partial collapse, if it should be due to the lack of necessary 
repairs. (1907) 

Article 2191. P
​ roprietors shall also be responsible for damages caused: 

1. By the explosion of machinery which has not been taken care of with due 
diligence, and the inflammation of explosive substances which have not been kept 
in a safe and adequate place; 
2. By excessive smoke, which may be harmful to persons or property; 
3. By the falling of trees situated at or near highways or lanes, if not caused by force 
majeure; 
4. By emanations from tubes, canals, sewers, or deposits of infectious matter, 
constructed without precautions suitable to the place. (1908) 

Due diligence -​ reasonable steps taken by a person in order to satisfy a legal requirement, 
especially in buying or selling something. 

Adequate -​ satisfactory or acceptable in quality or quantity. 

Emanate ​- (of something abstract but perceptible) issue or spread out from (a source).  

Article 2192. I​ f the 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 
damage may proceed only against the engineer or architect or contractor in accordance 
with said article, within the period therein fixed. (1904) 

Article 1723.​ The engineer or architect who drew up the plans and specifications for a 
building is liable for damages if within fifteen years from the completion of the structure, 
the same should collapse by reason of a defect in those plans and specifications, or due 
to the defects in the ground. The contractor is likewise responsible for the damages if the 
edifice falls, within the same period, on account of defects in the construction or the use 
of materials of inferior quality furnished by him, or due to any violation of the terms of the 
contract. If the engineer or architect supervises the construction, he shall be solidarily 
liable with the contractor. 
Acceptance of the building, after completion, does not imply waiver of any of the cause 
of action by reason of any defect mentioned in the preceding paragraph. 

The action must be brought within ten years following the collapse of the building. (n) 

Edifice ​- a building, especially a large, imposing one. 

Solidarily -​ type of obligation in the civil law jurisprudence that allows either obligors to 
be bound together, each liable for the whole performance, or obligees to be bound 
together, all owed just a single performance and each entitled to the entirety of it. 

Therein ​- in that place, document, or respect. 

Article 2193. T
​ he 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) 

Article 2194. T​ he responsibility of two or more persons who are liable for quasi-delict is 
solidary. (n) 

Solidary ​- a legal relationship where one or more of several debtors are each liable to pay 
the entire amount, or one or more of several creditors each able to collect the whole. In 
short, it’s an obligation under which any of two or more obligors can be held liable for the 
entire performance like payment of a debt.  

   
The ​Revised Penal Code ​contains the general penal laws of the Philippines. First enacted 
in 1930, it remains in effect today, despite several amendments thereto. It does not 
comprise a comprehensive compendium of all Philippine penal laws. 

Penal -​ relating to, used for, or prescribing the punishment of offenders under the legal 
system.  

Amendments -​ a minor change or addition designed to improve a text, piece of 


legislation, etc. 

Comprise​ - consist of; be made up of. 

Compendium​ - a collection of concise but detailed information about a particular subject, 


especially in a book or other publication. 

Title V: Civil Liability 

Chapter One: Person Civilly Liable for Felonies 

Article 100. C
​ ivil liability of a person guilty of felony. -- Every person criminally liable for a 
felony is also civilly liable.  

Civilly liable ​- refers to a person who is responsible to another person for damage or injury 
they caused through bad acts or accidents. 

Criminally liable ​- The liability that arises out of breaking a law or committing a criminal 
act. Liability insurance does not cover criminal liability. 

Felony ​- a crime, typically one involving violence, regarded as more serious than a 
misdemeanor, and usually punishable by imprisonment for more than one year or by 
death. 

Misdemeanor -​ a minor wrongdoing. 

Chapter Two: What Civil Liability Includes 

Article 104. W
​ hat is included in civil liability. -- The civil liability established in Articles 100, 
101, 102, and 103 of this Code includes: 

1. Restitution; 
2. Reparation of the damages caused; 
3. Indemnification for consequential damages. 

Restitution​ - the restoration of something lost or stolen to its proper owner;  

Reparation ​- the making of amends for a wrong one has done, by paying money to or 
otherwise helping those who have been wronged. 

Indemnification -​ compensation for harm or loss. 


Consequential damages -​ damages that can be proven to have occurred because of the 
failure of one party to meet a contractual obligation. 

Article 105. R
​ estitution; How made. -- The restitution of the thing itself must be made 
whenever possible, with allowance for any deterioration, or diminution of the value as 
determined by the court. 

The thing itself shall be restored, even though it be found in the possession of a third 
person who has acquired it by lawful means, saving the latter his actions against the 
proper person, who may be liable to him. 

This provision is not applicable in cases in which the thing has been acquired by the third 
person in the manner and under the requirements which, by law, bar an action for its 
recovery.  

Article 106. R
​ eparation; How made. -- The court shall determine the amount of damage, 
taking into consideration the price of the thing, whenever possible, and its special 
sentimental value to the injured party, and reparation shall be made accordingly.  

Article 107. I​ ndemnification; What is included. -- Indemnification for consequential 


damages shall include not only those caused the injured party, but also those suffered by 
his family or by a third person by a reason of the crime. 

Article 108. O
​ bligation to make restoration, reparation for damages, or indemnification 
for consequential damages and actions to demand the same; upon whom it devolves. -- 
The obligation to make restoration or reparation for damages and indemnification for 
consequential damages devolves upon the heirs of the person liable. 

The action to demand restoration, reparation, and indemnification likewise descends to 
the heirs of the person injured.  

Devolve ​- (of duties or responsibility) pass to (a body or person at a lower level). 

Descend ​- move or fall downward. 

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