Art. 1157.

Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and (5)
Quasi-delicts. (1089a)
Art. 1158. Obligations 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)
Art. 1162. Obligations derived from quasi-delicts
shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws.
(1093a)
Art. 1170. Those who in the performance of their
obligations are guilty of fraud, negligence, or
delay, and those who in any manner contravene
the tenor thereof, are liable for damages. (1101)
Art. 1171. Responsibility arising from fraud is
demandable in all obligations. Any waiver of an
action for future fraud is void. (1102a)
Art. 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)
Art. 1173. The fault or negligence of the obligor
consists in the omission of that diligence which
is required by the nature of the obligation and
corresponds with the circumstances of the
persons, of the time and of the place. When
negligence shows bad faith, the provisions of
Articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the diligence
which is to be observed in the performance, that
which is expected of a good father of a family
shall be required. (1104a)
Art. 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)
Art. 2176. Whoever 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 preexisting contractual relation between the parties,
is called a quasi-delict and is governed by the
provisions of this Chapter. (1902a)
Art. 2178. The provisions of Articles 1172 to
1174 are also applicable to a quasi-delict. (n)
Art. 2179. When 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)
Art. 2183. The 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.
Art. 1207. The concurrence of two or more
creditors or of two or more debtors in one and
the same obligation does not imply that each one
of the former has a right to demand, or that each
one of the latter is bound to render, entire
compliance with the prestation. There is a
solidary liability only when the obligation
expressly so states, or when the law or the nature
of the obligation requires solidarity. (1137a)
Art. 1217. Payment made by one of the solidary
debtors extinguishes the obligation. If two or
more solidary debtors offer to pay, the creditor
may choose which offer to accept.
Art. 1222. A solidary debtor may, in actions filed
by the creditor, avail himself of all defenses
which are derived from the nature of the
obligation and of those which are personal to
him, or pertain to his own share. With respect to
those which personally belong to the others, he
may avail himself thereof only as regards that
part of the debt for which the latter are
responsible. (1148a)

Art. 2180. The 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 or incapacity,
the mother, are responsible for the damages
caused by the minor children who live in their
company.
Guardians are liable for damages caused by the
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.

property in an action against him where a

guardian ad litem shall be appointed. (n)
Art. 2184. In motor vehicle mishaps, the owner
is solidarily liable with his driver, if the former,
who was in the vehicle, could have, by the use of
the due diligence, prevented the misfortune. It is
disputably presumed that a driver was negligent,
if he had been found guilty or 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)
Art. 2185. Unless 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)

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.

Art. 2188. 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, such as
firearms and poison, except when the possession
or use thereof is indispensable in his occupation
or business. (n)

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.

Art. 2189. Provinces, 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, bridges,
public buildings, and other public works under
their control or supervision. (n)

Lastly, 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.

Art. 2190. The 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)

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)

Art. 2191. Proprietors shall also be responsible

for damages caused:

Art. 2181. 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. (1904)
Art. 2182. If the minor or insane person causing
damage has no parents or guardian, the minor or
insane person shall be answerable with his own

(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)

the one who created it.

Art. 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. (1909)

Art. 697. The abatement of a nuisance does not

preclude the right of any person injured to
recover damages for its past existence.

Art. 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)

Art. 699. The remedies against a public nuisance

are:

Art. 2194. The responsibility of two or more

persons who are liable for quasi-delict is
solidary. (n)
Art. 682. Every building or piece of land is
subject to the easement which prohibits the
proprietor or possessor from committing
nuisance through noise, jarring, offensive odor,
smoke, heat, dust, water, glare and other causes.
Art. 683. Subject to zoning, health, police and
other laws and regulations, factories and shops
may be maintained provided the least possible
annoyance is caused to the neighborhood.
Art. 694. A nuisance is any act, omission,
establishment, business, condition of property, or
anything else which:
(1) Injures or endangers the health or safety of
others; or
(2) Annoys or offends the senses; or (3) Shocks,
defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage
of any public highway or street, or any body of
water; or
(5) Hinders or impairs the use of property.
Art. 695. Nuisance is either public or private. A
public nuisance affects a community or
neighborhood or any considerable number of
persons, although the extent of the annoyance,
danger or damage upon individuals may be
unequal. A private nuisance is one that is not
included in the foregoing definition.

Art. 696. Every successive owner or possessor of

property who fails or refuses to abate a nuisance
in that property started by a former owner or
possessor is liable therefor in the same manner as

Art. 698. Lapse of time cannot legalize any

nuisance, whether public or private.

(1) A prosecution under the Penal Code or any

local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Art. 700. The district health officer shall take
care that one or all of the remedies against a
public nuisance are availed of.
Art. 701. If a civil action is brought by reason of
the maintenance of a public nuisance, such action
shall be commenced by the city or municipal
mayor.
Art. 702. The district health officer shall
determine whether or not abatement, without
judicial proceedings, is the best remedy against a
public nuisance.
Art. 703. A private person may file an action on
account of a public nuisance, if it is specially
injurious to himself.
Art. 704. Any private person may abate a public
nuisance which is specially injurious to him by
removing, or if necessary, by destroying the
thing which constitutes the same, without
committing a breach of the peace, or doing
unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or
possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the
district health officer and executed with the
assistance of the local police; and (
4) That the value of the destruction does not
exceed three thousand pesos.
Art. 705. The remedies against a private nuisance
are:

(1) A civil action; or

(2) Abatement, without judicial proceedings.
Art. 706. Any person injured by a private
nuisance may abate it by removing, or if
necessary, by destroying the thing which
constitutes the nuisance, without committing a
breach of the peace or doing unnecessary injury.
However, it is indispensable that the procedure
for extrajudicial abatement of a public nuisance
by a private person be followed.
Art. 707. A private person or a public official
extrajudicially abating a nuisance shall be liable
for damages:
(1)
(2)

If he causes unnecessary injury; or

(2) If an alleged nuisance is later
declared by the courts to be not a real
nuisance.

Art. 1143. The following rights, among others

specified elsewhere in this Code, are not
extinguished by prescription:
(1) To demand a right of way, regulated in
Article 649;
(2) To bring an action to abate a public or
private nuisance. (n)