Philippine Bar review · Question

Practice question: Damnum Absque Injuria

Multiple Choice Medium

Practice question

A defendant negligently violates a duty owed to the plaintiff, and that breach proximately causes proved damage. Can the defendant invoke damnum absque injuria merely by denying an intention to harm?
  1. No, the established negligent legal wrong defeats that characterization
  2. Yes, every unintended harm is legally harmless
  3. Yes, unless a crime was committed
  4. No, because every loss is automatically a tort
  5. Yes, because legal duties never involve care

Legal references

  • Civil Code Articles 19–21 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Sanggacala v. National Power Corporation, GR 209538, July 7, 2021, main decision: https://lawphil.net/judjuris/juri2021/jul2021/gr_209538_2021.html

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