Custodio v CA and Mabesa In order that a plaintiff may maintain an action for the injuries of which he complains, he must

establish that such injuries resulted from a breach of duty which the defendant owed to the
Facts: plaintiffa concurrence of injury to the plaintiff and legal responsibility by the person causing
it.
1. Private respondent Mabesa purchased a land from spouses Mamerto Rayos and
Teodora Quintero The underlying basis for the award of tort damages is the premise that an individual was
2. Petitioners are tenants of said lands. injured in contemplation of law. Thus, there must first be the breach of some duty and the
3. Petitioners built a wall, traversing into Mabesa's property, claiming that the same imposition of liability for that breach before damages may be awarded; it is not sufficient to
were constructed in order to protect their persons and their property from their state that there should be tort.
intrusive neighbors.
4. Mabasa wanted to establish an easement of right of way going into their property At the time of the construction of the fence, the lot was not subject to any servitudes. There
against petitioners who built an adobe wall in their properties which thereby was no easement of way existing in favor of private respondents, either by law or by contract.
restricted access to the Mabasa property. The fact that private respondents had no existing right over the said passageway is confirmed
5. The Trial Court ordered that an easement be created and ordered respondent to pay by the very decision of the trial court granting a compulsory right of way in their favor after
Petitioners PhP 8,000 as indemnity for the permanent use of the passageway payment of just compensation. It was only that decision which gave private respondents the
6. Not satisfied, Mabasa went to the Court of Appeals which modified the decision of right to use the said passageway after payment of the compensation and imposed a
the trial court by increasing the damages, to wit: corresponding duty on petitioners not to interfere in the exercise of said right. Hence, prior to
a. awarding actual damages (65k), said decision, petitioners had an absolute
b. moral damages (p30,000.00)
c. and exemplary damages (p10,000.00). right over their property and their act of fencing and enclosing the same was an act which they
7. Hence this petition. may lawfully perform in the employment and exercise of said right. To repeat, whatever injury
or damage may have been sustained by private respondents by reason of the rightful use of the
Issue: said land by petitioners is damnum absque injuria

WON the lower court erred in ordering the plaintiff to pay defendants Custodios and Santoses
the sum of Eight Thousand Pesos (P8,000) as indemnity for the permanent use of the
passageway

Held:

Yes.

The award of damages has no substantial legal basis. A reading of the decision of the Court of
Appeals will show that the award of damages was based solely on the fact that the original
plaintiff, Pacifico Mabasa, incurred losses in the form of unrealized rentals when the tenants
vacated the leased premises by reason of the closure of the passageway. However, the mere
fact that the plaintiff suffered losses

does not give rise to a right to recover damages. To warrant the recovery of damages, there
must be both a right of action for a legal wrong inflicted by the defendant, and damage
resulting to the plaintiff therefrom. 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.

There is a material distinction between damages and injury. Injury is the illegal invasion of a
legal right; damage is the loss, hurt, or harm which results from the injury; and damages are
the recompense or compensation awarded for the damage suffered. Thus, there can be damage
without injury in those instances in which the loss or harm was not the result of a violation of a
legal duty. These situations are often called damnum absque injuria.