NAME: Bianca Alana Hizon Limjuco
STUDENT NUMBER: 2014-0531
CASE DOCTRINES
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Case # 256
Ques on: Did the courts a quo’s non-applica on of Ar cle 2176 of the Civil Code under the given facts,
shows their wrongful reliance in the provisions of Ar cles 19, 20, and 21on human rela ons?
Answer: Ar cle 2176 covers situa ons where an injury happens through an act or omission of the
defendant. When it involves a posi ve act, the inten on to commit the outcome is irrelevant. The act
itself must not be a breach of an exis ng law or a pre-exis ng contractual obliga on. What will be
considered is whether there is "fault or negligence” a ending the commission of the act which
necessarily leads to the outcome considered as injurious by the plain . The required degree of
diligence will then be assessed in rela on to the circumstances of each and every case.
Thus, with respect to negligent acts or omissions, it should therefore be discerned that Ar cle 20 of
the Civil Code concerns "viola ons of exis ng law as basis for an injury", whereas Ar cle 2176 applies
when the negligent act causing damage to another does not cons tute "a breach of an exis ng law or
a pre-exis ng contractual obliga on."