CORINTHIAN GARDENS (REMEDIAL, CIVIL)

The instant case is obviously one for tort, as governed by Article 2176 of the Civil Code which provides:

Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called QUASI-DELICT and is governed by the provisions of this Chapter.

In every tort case filed under this provision, plaintiff has to prove by a preponderance of evidence:

1. the damages suffered by the plaintiff;
2. the fault or negligence of the defendant or some other person for whose act he must respond; and
3. the connection of cause and effect between the fault or negligence and the damages incurred.

Undeniably, the perimeter fence of the Cuasos encroached on Lot 68 owned by the Tanjangcos as duly found by both the RTC and the CA per evidence on record. As a result, the Tanjangcos suffered damage in having been deprived of the use of that portion of their lot encroached upon. Thus, the primordial issue to be resolved in this case is whether Corinthian was negligent under the circumstances and if so, whether such negligence contributed to the injury suffered by the Tanjangcos.

A negligent act is one from which an ordinary prudent person in the actor's position in the same or similar circumstances, would foresee such an appreciable risk of harm to others as to cause him not to do the act or to do it in a more careful manner.

The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. The law considers what would be reckless, blameworthy, or negligent in a man of ordinary intelligence and prudence and determines liability according to that standard.

By this test, we find Corinthian negligent. Corinthian's failure to prevent the encroachment of the Cuasos' perimeter wall into Tanjangcos' property - despite inspections conducted - constituted negligence and at the very least, contributed to the injury suffered by the Tanjangcos who were deprived of possession and use of their property for more than tow decades through no fault of their own.