(10) ELEMENTS OF QUAS-DELICT | AG

Andamo v Intermediate Appellate Court GR No . 74761 | November 6, 1990 | Fernan, C.J.

Construction of water structures APPLICATION: All elements are present; thus the complaint is a civil action
FACTS under Art 2176 and 2177.

Spouses Andamo’s land adjacent to religious corporation. All elements proven.

Petitioner spouses Emmanuel and Natividad Andamo are the owners of a Clearly, from petitioner's complaint, the waterpaths and contrivances built
parcel of land situated in Biga (Biluso) Silang, Cavite which is adjacent to by respondent corporation are alleged to have inundated the land of
that of private respondent, Missionaries of Our Lady of La Salette, Inc., a petitioners. There is therefore, an assertion of a causal connection between
religious corporation. the act of building these waterpaths and the damage sustained by
petitioners. Such action if proven constitutes fault or negligence which may
Waterpaths and contrivances caused a series of mishaps be the basis for the recovery of damages.

Within the land of respondent corporation, waterpaths and contrivances, Right to property is with restrictions.
including an artificial lake, were constructed, which allegedly inundated and
eroded petitioners' land, caused a young man to drown, damaged It must be stressed that the use of one's property is not without limitations.
petitioners' crops and plants, washed away costly fences, endangered the Article 431 of the Civil Code provides that "the owner of a thing cannot make
lives of petitioners and their laborers during rainy and stormy seasons, and use thereof in such a manner as to injure the rights of a third person.
exposed plants and other improvements to destruction. (See Annex for
detailed description of the structures) Although we recognize the right of an owner to build structures on his land,
such structures must be so constructed and maintained using all reasonable
ISSUE: care so that they cannot be dangerous to adjoining landowners and can
withstand the usual and expected forces of nature. If the structures cause
Long version: W/N a corporation, which has built through its agents, injury or damage to an adjoining landowner or a third person, the latter can
waterpaths, water conductors and contrivances within its land, thereby claim indemnification for the injury or damage suffered.
causing inundation and damage to an adjacent land, can be held civilly liable
for damages under Articles 2176 and 2177 of the Civil Code on quasi-delicts ANNEX A
(YES) (allegations on complaint with respect to structures constructed)

Short version: W/N all elements necessary to constitute quasi-delict are 4) That within defendant's land, likewise located at Biga (Biluso), Silang,
present (YES) Cavite, adjacent on the right side of the aforesaid land of plaintiffs, defendant
constructed waterpaths starting from the middle-right portion thereof
HELD leading to a big hole or opening, also constructed by defendant, thru the
lower portion of its concrete hollow-blocks fence situated on the right side
DOCTRINE: Elements of a quasi-delict: of its cemented gate fronting the provincial highway, and connected by
defendant to a man height inter-connected cement culverts which were also
(a) damages suffered by the plaintiff
constructed and lain by defendant cross-wise beneath the tip of the said
(b) fault or negligence of the defendant, or some other person for
cemented gate, the left- end of the said inter-connected culverts again
whose acts he must respond; and
connected by defendant to a big hole or opening thru the lower portion of
(c) the connection of cause and effect between the fault or
the same concrete hollowblocks fence on the left side of the said cemented
negligence of the defendant and the damages incurred by the
gate, which hole or opening is likewise connected by defendant to the
plaintiff.
cemented mouth of a big canal, also constructed by defendant, which runs
northward towards a big hole or opening which was also built by defendant
thru the lower portion of its concrete hollow-blocks fence which separates
the land of plaintiffs from that of defendant (and which serves as the exit-
point of the floodwater coming from the land of defendant, and at the same
CHAN GOMASAN OF SITO BERDE
(10) ELEMENTS OF QUAS-DELICT | AG

Andamo v Intermediate Appellate Court GR No . 74761 | November 6, 1990 | Fernan, C.J.

time, the entrance-point of the same floodwater to the land of plaintiffs, year such eventuality only to the bigger award of the two, assuming the awards
after year, during rainy or stormy seasons. made in the two cases vary.

5) That moreover, on the middle-left portion of its land just beside the land The distinctness of quasi-delicta is shown in Article 2177 of the Civil Code,
of plaintiffs, defendant also constructed an artificial lake, the base of which which states:
is soil, which utilizes the water being channeled thereto from its water
system thru inter-connected galvanized iron pipes (No. 2) and “Article 2177. Responsibility for fault or negligence under the preceding
complimented by rain water during rainy or stormy seasons, so much so article is entirely separate and distinct from the civil liability arising from
that the water below it seeps into, and the excess water above it inundates, negligence under the Penal Code. But the plaintiff cannot recover damages
portions of the adjoining land of plaintiffs. twice for the same act or omission of the defendant.”

6) That as a result of the inundation brought about by defendant's

aforementioned water conductors, contrivances and manipulators, a young
man was drowned to death, while herein plaintiffs suffered and will
continue to suffer, as follows:

a) Portions of the land of plaintiffs were eroded and converted to deep,

wide and long canals, such that the same can no longer be planted
to any crop or plant.
b) Costly fences constructed by plaintiffs were, on several occasions,
washed away.
c) During rainy and stormy seasons the lives of plaintiffs and their
laborers are always in danger.
d) Plants and other improvements on other portions of the land of
plaintiffs are exposed to destruction.

ANNEX B
Can the case on quasi-delict proceed independently of the criminal case?
(YES)

Facts: Spouses Andamo filed a criminal action against officers and directors
of respondents for destruction by means of inundation under Art 324 of the
RPC. They also filed a civil action for damages. The trial court dismissed the
hearings for lack of jurisdiction as the criminal case which was instituted
ahead of the civil case was still unresolved.

Held: Article 2176, whenever it refers to "fault or negligence", covers not

only acts "not punishable by law" but also acts criminal in character,
whether intentional and voluntary or negligent. Consequently, a separate
civil action lies against the offender in a criminal act, whether or not he is
criminally prosecuted and found guilty or acquitted, provided that the
offended party is not allowed, (if the tortfeasor is actually charged also
criminally), to recover damages on both scores, and would be entitled in

CHAN GOMASAN OF SITO BERDE