Professional Documents
Culture Documents
Awarded only actual, since moral and exemplary must Further, the principle of damnum absque
be substantiated by clear evidence. injuria or damage without injury does not apply when
there is an abuse of a person's right such as in this case.
CEBU COUNTRY CLUB v. RICARDO F.
ELIZAGAQUE, GR No. 160273, 2008-01-18 [TC and CA aptly held that petitioners committed fraud and
evident bad faith in disapproving respondent’s applications. This is
contrary to morals, good custom or public policy. Hence, petitioners
Facts: are liable for damages pursuant to Article 19 in relation to Article 21 of
the same Code.
Petitioner CCCI is a domestic corporation It bears stressing that the amendment to Section 3(c) of
operating as a non-profit and non-stock private CCCI’s Amended By-Laws requiring the unanimous vote of the
membership club. Respondent Elizagaque filed with directors present at a special or regular meeting was not printed on the
application form respondent filled and submitted to CCCI. What was
CCCI an application for proprietary membership. The printed thereon was the original provision of Section 3(c) which was
silent on the required number of votes needed for admission of an or malice in sending the demand letters to respondent.
applicant as a proprietary member.]
There was ground for Nala's actions since she believed
that the property was owned by her husband Eulogio
Duyan and that respondent was illegally occupying the
NALA VS. CABANSAG
same.
FACTS:
Artemio filed Civil Case for damages in October It may be true that respondent suffered mental
1991. He bought a 50-square meter property from anguish, serious anxiety and sleepless nights when he
spouses Eugenio Gomez, Jr. and Felisa Duyan Gomez received the demand letters; however, there is a material
on July 23, 1990. Said property is part of a 400-square distinction between damages and injury.
meter lot registered in the name of the Gomez spouses.
In October 1991, he received a demand letter from Atty. Injury is the legal invasion of a legal right while
Alexander del Prado (Atty. Del Prado), in behalf of damage is the hurt, loss or harm which results from the
Purisima Nala (Nala), asking for the payment of rentals injury.14Thus, there can be damage without injury in
from 1987 to 1991 until he leaves the premises, as said those instances in which the loss or harm was not the
property is owned by Nala, failing which criminal and civil result of a violation of a legal duty. In such cases, the
actions will be filed against him. Another demand letter consequences must be borne by the injured person
was sent on May 14, 1991. Because of such demands, alone; the law affords no remedy for damages resulting
respondent suffered damages and was constrained to from an act which does not amount to a legal injury or
file the case against Nala and Atty. Del Prado. 3 wrong. These situations are often called damnum
absque injuria.15
RTC rendered its decision in favor of Cabansag.
One who makes use of his own legal right does
In affirming the RTC Decision, the CA took note no injury.16 Thus, whatever damages are suffered by
of the Decision dated September 5, 1994 rendered by respondent should be borne solely by him.
the RTC of Quezon City, Branch 80, dismissing Civil
Case No. 91-8821, an action for reconveyance of real xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
property and cancellation of TCT No. 281115 with
damages, filed by Nala against spouses Gomez. damnum absque injuria - one who merely
exercises ones rights does no actionable injury
Petitioner’s Contention: CA erred in not
considering the right of Purisima Nala to assert her rights
and cannot be held liable for damages.
and interest over the property and in awarding damages
and attorneyy’s fees without basis. xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
AMONOY v GUTIEREZ-FORNILDA
ISSUE:
Whether Petitioners are liable for damages
FACTS: A settlement of the estate of Julio involving 6
RULING: NO. parcels of land was filed before the CFI in Pasig. In Jan
1965, a project of partition was approved, 2 lots were
Both the RTC and the CA failed to indicate the adjudicated to Asuncion and Alfonso. The attorney’s
particular provision of law under which it held petitioners fees charged to Amonoy was 27,600 was secured
liable for damages. Based on the allegations in through the execution of a deed of real estate mortgage
respondent's complaint, it may be gathered that the to the 2 lots. After both died and the fees were left
basis for his claim for damages is Article 19 of the Civil
unpaid, Amonoy filed for the foreclosure of the
Code, which provides:
mortgage. The same was granted and sold at public
Art. 19. Every person must, in the exercise of his
auction where Amonoy won as highest bidder. The lot
rights and in the performance of his duties, act with sold also contained the Gutierrez spouses house.
justice, give everyone his due, and observe honesty
and good faith. The spouses filed for the annulment of the sale. The
same was denied and the lower court issued notice to
In order to be liable for damages under the vacate the lot. They opted for a TRO of the execution
abuse of rights principle, the following requisites must however when the Supreme Court promulgated the
concur: (a) the existence of a legal right or duty; (b)
same, the spouses’ house had already been
which is exercised in bad faith; and (c) for the sole intent
of prejudicing or injuring another.11 demolished.
CA: reversed; that Valmonte has clearly established that Respondent Ranida Salvador started working as a
she was singled out by petitioner as the one responsible trainee in the Accounting Department of Limay Bulk
for the loss of her jewelry; that petitioner’s verbal assault Handling Terminal, Inc.. As a prerequisite for regular
upon Valmonte was done with malice and in bad faith
employment, she underwent a medical examination at
since it was made in the presence of many people
without any solid proof except petitioners suspicion. the Community Diagnostic Center (CDC). Garcia who is
Awarded moral damages, but no actual. a medical technologist, conducted the HBs Ag (Hepatitis
B Surface Antigen) test, CDC issued the test result
Issue: W/N respondent is entitled for said damages indicating that Ranida was "HBs Ag: Reactive." (May
Hepa B daw sya!) The result bore the name and
Ruling: Only moral damages. signature of Garcia as examiner and the rubber stamp
signature (So dili personally signed) of Castro as
In the sphere of our law on human relations, the victim of
a wrongful act or omission, whether done willfully or pathologist. The company terminated Ranida’s
negligently, is not left without any remedy or recourse to employment for the failing physical examination. (Valid
obtain relief for the damage or injury he sustained; Cite Termination kay not physically fit)
Art 19-21 civil code.
When Ranida informed her father, Ramon,
In this case, respondent successfully refuted petitioner’s about her ailment, the latter suffered a heart attack and
testimony. Valmonte narrated in great detail her was confined at the Bataan Doctors Hospital.
distressing experience on that fateful day. Petitioner’s
verbal reproach against respondent was certainly Thus, Ranida submitted herself to several re-
uncalled for. She did not act with justice and good faith
testing/confirmatory tests and all indicated NEGATIVE
for apparently, she had no other purpose in mind but to
prejudice respondent. Certainly, petitioner transgressed result. (Lesson: Dili kailangan Optimistic pirmi!)
the provisions of Article 19 in relation to Article 21 for
which she should be held accountable. Ranida and Ramon filed a complaint for
damages against petitioner Garcia and Castro, claiming
that, by reason of the erroneous interpretation of the 4) proximate causation.
results of Ranida’s examination, she lost her job and
suffered serious mental anxiety, trauma and sleepless All the elements are present in the case at bar.
nights, while Ramon was hospitalized and lost business
Owners and operators of clinical laboratories have the
opportunities.
duty to comply with statutes, as well as rules and
RTC: Dismissed the case. Failure to present sufficient regulations, purposely promulgated to protect and
evidence to prove liability of Garcia (MedTech) and promote the health of the people by preventing the
Castro (Pathologist); should presented Sto. Domingo operation of substandard, improperly managed and
(Company physician) who interpreted the result. inadequately supported clinical laboratories and by
improving the quality of performance of clinical
CA: Garcia liable for gross negligence. Castro laboratory examinations. Their business is impressed
exonerated for lack of participation in the issuance of the with public interest, as such, high standards of
result. (Rubber stamp lang iya name) performance are expected from them.
1) duty,
2) breach,
3) injury, and