Article 20 and Damnum Absque Injuria

 

Persons 13: Article 20 and Damnum Absque Injuria (lexinmotion)

Chapter 2 of the Civil Code

Note: Art. 19 should not be studied in a vacuum. It should be read in the context of Articles 20 and 21 of the Civil Code.

By the end of the lesson, you should be able to:

1. Identify the instances when the principle of damnum absque injuria is applicable.
2. Enumerate the requisites for a case to prosper under Art. 20.
3. Identify the provisions of the law related to Art. 20 of the Civil Code.

A cause of action is a fact or set of facts, that gives rise to the right to come to court and file an action. Sa madaling sabi, ito ay ang iyong basis kung bakit o paano ka makakalapit sa ating hukom.

Ayon sa Labor Code, anumang trabaho na lampas sa walong oras isang araw ay may karampatang overtime pay. (25 percent on his hourly rate for all hours of work in excess of eight hours each day; could reach up to 30 percent if it is rest day, regular holiday, or special day)

E.g. Cause of action of X is the nonpayment of his overtime pay

       Reason of coming to court is to collect it

When there is no cause of action, the facts and the circumstances do not merit the remedy prayed for. When the complaint is evaluated and there is no relief that can be given, based on the facts and circumstances, then the complaint lacks cause of action. There is one more and it appears in CivPro - failure to state a cause of action.

This chapter gives us the various causes of action or the legal basis for an action to be filed in court.

Note: While the Civil Code provisions on human relations enumerate certain causes of action, the better and more precise legal basis can be found elsewhere.

Art. 20 of the Civil Code provides that, “Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.”

Natural person and artificial person

Damage - loss, hurt or harm that is the result of an injury. An injury, on the other hand, is the illegal invasion of a legal right. When the two of them are combined, then there is a cause of action. This is called damnum et injuria.

In a scenario, A has the legal right to receive the item in good condition, the right to inspect the parcel before he communicates his approval and acceptance of the laptop. 

The damage, in this case, was the broken laptop and all the things that A could have done with the laptop had he received it in good working condition. In this case, A is injured and as a result of this injury, he has suffered damage. Because there is now injury and damage, he has the cause of action to hold the seller or the courier.

Question: Is it possible to suffer damage without injury? Can there be a cause of action if there is only damage and no injury?

Did G suffer damage? Was there an injury on the part of G? What is the liability of H to G, if any?

G suffered damage. He lost his banana trees, vegetables, herbs, etc., the view from the balcony. However, these losses are not based on injury. G had no legal right to occupy and cultivate the vacant lot beside his property. The vacant lots did not belong to him. The view is not also his property. He had no legal right over the view from his balcony.

The scenario is an instance of damnum absque injuria, the Latin phrase which means damage without injury.

...Wrong without damage or damage without wrong does not constitute a cause of action, since damages are merely part of the remedy allowed for the injury caused by a breach or wrong...” - Custodio vs. Court of Appeals, Supreme Court ruling

For an action under Art. 20 to prosper, the cause of action must be one defined by the law.

E.g.

Art. 100 of the Revised Penal Code provides that, “Every person criminally liable is also civilly liable.” Once a person is convicted for a crime, he's liable to pay for whatever damages he has caused.

Art. 309 of the Civil Code, regarding “amoks in lamay”

Articles 1734 and 1735 in relation to Art. 20 of the Civil Code, couriers mishandling of parcels

Under Art. 20 of the Civil Code, cause of the damage is not material. It can be committed willfully (sinasadya) or negligently (kapabayaan).