C. Other Quasi-contracts

C. Other Quasi-Contracts (Civil Code, arts. 2164-2175)

Civil Code, arts. 2164-2175

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, said relatives shall reimburse the third person, should the latter claim reimbursement. (1894a)

Article 2166. When 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 right of reimbursement from the person obliged to give support. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him.

Article 2167. When 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. When 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. When 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. When 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.

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

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

Article 2173. When 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 2174. When in a small community a majority of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, 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.

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

OTHER QUASI-CONTRACTS

Officious Manager

He is, in a sense, an intruder in the business or property of the owner. However, if he voluntarily takes charge of another’s abandoned business or property without the owner’s authority, a quasi-contract is created, subject to the qualifications in Article 2144 of the Civil Code. (Ibid.)

When a person is not in a condition to give consent to a contract due to an accident or other cause and he is treated or helped

When 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. (Art. 2167)

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, he is personally liable.

XNPs:

• If the owner has expressly or tacitly ratified the management, or
• When the contract refers to things pertaining to the owner of the business. (Art. 2152, NCC) If the buying and selling of decoration is the very object of the business of the owner, the owner shall be liable. (Sta. Maria, 2017)

If the officious manager decides to manage the property or business, and for this reason, he buys some decorations to be placed in the property, such officious manager shall be the only one responsible for the payment of such decorations even if he acts in the name of the owner. The seller of the decorations has no right of action against the owner in the event the officious manager does not pay for them. However, the owner shall pay for them if he has expressly or tacitly ratified the act of the officious manager. (Sta. Maria, 2017)