Text of the provision
Art. 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.
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 official-text renderings.
What this article means
When the government does the work a private person failed to do after being lawfully required to (for health, safety, or public convenience), that person is liable for the expenses.
What makes this a quasi-contract rather than a contract is precisely that the government does not need the owner's consent — the article allows the work to proceed "even over his objection." Because the property owner failed to comply with health or safety regulations concerning the property, and the government stepped in to do what compliance required, it is fairness rather than agreement that obligates the owner to pay: he receives the benefit of work that brings his property into compliance, and equity does not allow him to keep that benefit without covering its cost, whether or not he wanted the intervention.
Questions about this provision
- The local government carried out sanitation work on my property after I failed to comply with health regulations — am I obligated to pay for those expenses?
- The government did work to correct a health or safety hazard on my property over my objection - must I pay for it?
Related provisions
- Article 2167 — Medical Aid Given in an Emergency.
- Article 2170 — Commingled Movables of Different Owners.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.