Text of the provision
Art. 517. All the owners who participate in the benefits arising from the works referred to in the two preceding articles, shall be obliged to contribute to the expenses of construction in proportion to their respective interests. Those who by their fault may have caused the damage shall be liable for the expenses.
(422)
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
Everyone who benefits from the works described in the two preceding articles must contribute to the cost of construction in proportion to his interest. But whoever caused the damage through his own fault bears the expenses.
The phrase "in proportion to their respective interests" ties each owner's share of the expense to the extent of the benefit received, not to the number of owners sharing the works — an owner with a larger or more directly benefited holding contributes more than one whose benefit is marginal. The second sentence carves out an exception to this proportional rule: an owner whose fault caused the damage requiring the works answers for the resulting expenses himself, separately from whatever proportional share he would otherwise owe.
Questions about this provision
- If one landowner's negligence caused a river to overflow and damage the neighbors, who bears the cost of the repair works?
- If several landowners benefit from river-control or drainage works, must they all share in the cost of building them?
Related provisions
- Article 516 — Clearing Obstructions To Water.
- Article 518 — Suppletory Law On Waters.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.