Article 23: Injury without fault or negligence

Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. (Article 23, Civil Code)

"Without A's knowledge, a flood drives his cattle to the cultivated highland of B. A's cattle are saved, but B's crop is destroyed. True, A was not at fault but he was benefited. It is but right and equitable that he should indemnify B." (Report of the Code Commission, pp. 41-42) According to Albano, what is contemplated by Article 23 is an involuntary act or event (or an act which is unavoidable), benefiting another person. The person who benefited from such act or event must indemnify the one whose property was damaged. This is based on equity.

Article 23 does not require fault or negligence. The mere fact that an injurious act or event happened, causing damage to one and causing injury to another, gives rise to remedy by the latter against the former.

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