Text of the provision
Art. 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.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
When a fire, flood, storm or other calamity threatens someone's property and another person saves it from destruction without the owner knowing, the owner must pay that person just compensation. No agreement is required and none is implied: the obligation arises from the situation itself, which is why the provision sits among the quasi-contracts rather than among contracts. The rule exists because an emergency leaves no opportunity to ask permission first, and someone who steps in at that moment should not be left worse off for having helped. What counts as just compensation is measured by the circumstances of the rescue, not by any fixed rate.
Related provisions
- Article 2167 — Medical Aid Given in an Emergency.
- Article 2169 — Government Work Done at the Owner's Expense.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.